Issue link: https://maltatoday.uberflip.com/i/176463
25 Opinion maltatoday, SUNDAY, 22 SEPTEMBER 2013 Jose Herrera A case of leaked sensitive information? R eference is made to the article which appeared on the Times of Malta dated 17 September 2013 entitled 'PN claims promotions amount to 'Labour take-over' of the AFM'. In that article Dr Jason Azzopardi and Dr Beppe Fenech Adami released a statement concerning newly promoted Lieutenant Colonel Pierre Vassallo, where they categorically stated that Lt Col Pierre Vassallo was not given security clearance in 2006 because of a disciplinary case which resulted in 1986 when the said Lt Col was a member of the Executive Police Force. This article aims at providing facts on Lt Col Pierre Vassallo's case and raises certain serious concerns on how Azzopardi and Fenech Adami arrived to such a conclusion. As his former legal counsel, first and foremost it has to be stated that Lt Col Pierre Vassallo has a pending constitutional case, which is in its appellate stage before the Constitutional Court. In that pending case, the applicant Lt Col Pierre Vassallo is alleging that his fundamental human rights to a fair hearing have been breached since he was not given any reason why there had been a decision to remove his security clearance. It should be explained that a fundamental aspect of both administrative and constitutional law is that before any decision with regard to a person is taken, that person is to be given the right to be heard This court case was filed in 2007 and to this day, Pierre Vassallo is still waiting for a justification of the security clearance refusal Beppe Fenech Adami Jason Azzopardi and give his version. This is enshrined in the principle of audi alteram parte. Secondly, every decision taken has to include the reasons why such a decision is taken so as the person concerned can regulate his position at law. In Lt Col Pierre Vassallo's case there had been voluminous correspondence between himself and the Prime Minister, the Parliamentary Secretary responsible for the Armed Forces and the Commander of the Armed Forces of the time. Unfortunately, although the Lietuenant Colonel concerned had repeatedly asked for reasons, the excuse given was always that such information is confidential and cannot be given. Faced with such a stance, the Lt Colonel concerned had written to the Security Service Commissioner as provided for in article 12 of Chapter 391 of the Laws of Malta alleging that his basic rights to a fair hearing had been violated. Unfortunately, once again no positive outcome occurred, a simple letter declining his argumentation (once again without motivation) and Lt. Col. Pierre Vassallo proceeded with the constitutional case. This court case was filed in 2007 and to this day, Lt Colonel Pierre Vassallo is still waiting for a justification of the security clearance refusal. This brief statement of fact illustrates therefore the grievous concerns which arise when one reads that a Member of Parliament on the Opposition bench categorically states the reason why such a security clearance refusal occurred. One questions whether Lt Colonel Pierre Vassallo was denied the information because of some form of confidentially, how did Jason Azzopardi and Beppe Fenech Adami know the reason behind such refusal? Was it because the Nationalist Party tapped into private information pertaining to Pierre Vassallo? If the answer is in the affirmative, then such a violation speaks for itself. If however they did not have such information, than their statement was solely based on conjecture and by giving such a statement Jason Azzopardi and Beppe Fenech Adami have grossly misinformed the public. In conclusion, it is to be stated that this article is not intended to delve into the positive attributes of Lt Colonel Pierre Vassallo, however one must necessarily point out that the said colonel was recommended by the exArmed Forces Commander Montanaro for various promotions. Finally, Jason Azzopardi and Beppe Fenech Adami should clarify the veracity and source of their information and this so that Lt Col Pierre Vassallo does not continue to suffer such ongoing prejudice. Jose Herrera is Parliamentary Secretary for Culture and Local Government Download the MaltaToday App now YOUR FIRST CLICK OF THE DAY www.maltatoday.com.mt How did Jason Azzopardi and Beppe Fenech Adami know the reason behind such refusal? Was it because the Nationalist Party tapped into private information pertaining to Pierre Vassallo? If the answer is in the affirmative, then such a violation speaks for itself