Public Service Commission rules dictating automatic suspension of anyone facing a police investigation for an alleged criminal offence do not apply to prison director Robert Brincau since he is a “public employee” and not a “public officer”, according to the home affairs ministry.  

The Corradino Correctional Facility boss is employed directly by the Correctional Services Agency and the PSC rules do not apply, a ministry spokesperson told Times of Malta.

The decision not to suspend Mr Brincau has been taken in the best interest of the Correctional Services Agency- Home affairs ministry spokesperson

The ministry was once again defending its decision not to suspend Brincau despite the fact he has been charged in court with threatening an ambulance driver with a gun, carrying a weapon without a licence, injuring, insulting and threatening the driver and breaching the peace in an incident at Għadira Bay in August.

There have been several calls for his resignation or suspension following the court charges filed against him.

Prison director Robert Brincau was recorded during the incident with the ambulance driver.

The Public Service Commission disciplinary regulations state that a public officer should be suspended “for precautionary purposes” if they are the subject of an investigation for disciplinary or criminal proceedings, if investigated or arrested by the police in connection with a criminal offence or if arraigned.

Brincau was appointed by Home Affairs Minister Byron Camilleri last November. A month later – on December 26 – he ceased being a public officer but became a public employee of the Correctional Services Agency, which is not governed by the Public Service Commission, the spokesperson said.

“The provision of the law referred to in your questions does not apply in this case,” he said.

“The decision not to suspend Mr Brincau has been taken in the best interest of the Correctional Services Agency and the fulfilment of its very important duties. Such sentiment has also been expressed by different organisations which work closely with inmates,” he added.  

He said the ministry was aware of the conflicting versions of events recounted in court and “will be taking a final decision following the judgment of the court”.

On its website, the government explains the difference between the public service and entities in the broader public sector with their own legal personality separate from the government.

This means their employees are not government employees governed by the PSC.

“For instance, a member of the Police Force is a public officer, whereas a soldier in the Armed Forces of Malta is not. Similarly, a teacher in a state school is a public officer, whereas a lecturer at MCAST or the University of Malta is not.”

'I'll kill you and your family'

The court heard witnesses testify last week that Brincau pointed a gun at volunteer ambulance driver Liam Doublet’s head. 

Before that, Brincau allegedly head-butted Doublet and was also recorded threatening him with the words “I’ll kill you and your family”, the court heard.

The incident developed against the backdrop of rising territorial tensions between first aid organisations, Red Cross Malta, of which Brincau is a former director, and Alpha Medical, who had been awarded a government tender in 2017.

Shadow home affairs minister Joe Giglio has called for Brincau’s suspension, despite recognising the progress made during his tenure. He insisted that Brincau should be suspended pending the conclusion of proceedings on grounds of good governance.

The prison boss’s authority has been weakened by the proceedings, the shadow minister said.