Issue link: https://maltatoday.uberflip.com/i/364850
maltatoday, SUNDAY, 17 AUGUST 2014 6 News No breakthrough in talks between Mallia and Ombudsman JURGEN BALZAN THERE has been no breakthrough in the institutional standoff between Par- liamentary Ombudsman Joseph Said Pullicino and Home Affairs Minister Manuel Mallia over complaints from Armed Forces personnel over their promotions. The two – who years ago worked together when Mallia was an up and coming lawyer – met over Said Pulli- cino's request for information to carry out his inquiry one month after the minister requested a meeting. Mallia contends that the Ombuds- man has 'no jurisdiction' over the army, and wants to prevent Said Pul- licino from pursuing the complaints. Instead, the government wants the complaints processed through govern- ment-appointed 'grievances boards'. Mallia also contends that in 2003 – two years priod to Said Pullicino's ap- pointment – an investigating officer in the Ombudsman's office refused to investigate a complaint lodged by an army officer over promotions, before exhausting all other channels. Said Pullicino is reiterating that the Ombudsman Act gives him the juris- diction to investigate complaints made by AFM officers. On Tuesday, Mallia and Said Pulli- cino met to discuss the issue, and while the Ombudsman's office says progress "has been registered", further discus- sions "are required." On its part, a home affairs minis- try spokesperson confirmed that no breakthrough was achieved and fur- ther meetings will take place. "There is agreement between the minister and the Ombudsman on the fact that there is a legal anomaly [which] can be addressed by amend- ments in the law. The Office of the Ombudsman will forward to the min- istry its proposals. There will be more meetings between the two sides on this matter." In June, bot the Ombudsman and the government filed judicial protests against each other, after the Ombuds- man insisted his office had jurisdiction to consider complaints filed by AFM personnel. Said Pullicino has told MaltaTo- day that he disagrees with the legal interpretation given in 2003. Af- firming his political independence, the Ombudsman argued that he is simply reiterating what he told the previous government in 2009, when he was faced with the same complaints on army promotions. "It is simply not true that I treated this issue differently under a differ- ent administration… This issue was tackled and resolved in 2009," Said Pullicino said. He said that under the previous administration, talks were held over several months between President George Abela, the OPM and the At- torney General, and the army. An agreement was reached that allowed AFM officers to either lodge a com- plaint with the Ombudsman, or re- fer the complaint to the President of Malta, through the Commander of the Armed Forces and the minister. "According to this agreement members of the army could choose either to lodge their complaint with the President or the Ombudsman… in a way that if the complaint went to the President officers lost their right to lodge a complaint with the Ombudsman, and vice versa," Said Pullicino said in an interview. jbalzan@mediatoday.com.mt The Malta Financial Services Authority has, on 11 August 2014, made a determina on to the effect that Maltese Cross Financial Services Limited is unable, for the me being, to meet its obliga ons arising from claims by its investors for reasons which are directly related to its financial circumstances. As a consequence of this determina on, the Investor Compensa on Scheme is required to provide for the payment of compensa on in respect of claims arising out of the inability of Maltese Cross Financial Services Limited to: (a) repay money owed to or belonging to investors and held on their behalf in connec on with licensed business; or (b) return to investors any instruments belonging to them and held, administered or managed on their behalf in connec on with licensed business or, where this is not possible, their monetary equivalent or value. The Investor Compensa on Scheme Regula ons determine the condi ons for eligibility to such compensa on. The maximum compensa on that may be payable by the Scheme amounts to €20,000, or ninety per cent of an investor's eligible claims, whichever is the lower. By paying compensa on, the Scheme will be subrogated to the claimant's rights against Maltese Cross Financial Services Limited. Persons eligible for compensa on are required to complete an applica on form in respect of their claim. The claim applica on form is available online (in Maltese and in English) on www.compensa onschemes.org.mt. The form can also be obtained upon request from the offices of the Malta Financial Services Authority. Investors should seek legal assistance when determining whether to accept compensa on from the Scheme and when considering whether they have other available means of redress. The Investor Compensa on Scheme is set up by law (Legal No ce 368 of 2003) and is based on EU Direc ve 97/9 on investor- compensa on schemes. Important notice by the Important notice by the Investor Compensation Scheme Investor Compensation Scheme Further informa on is obtainable as follows: Online: www.compensa onschemes.org.mt By e-mail: info@compensa onschemes.org.mt Freephone: 8007 4924 (working days, from 8am to 5pm) I������� C����������� S����� �/� M���� F�������� S������� A��������, N������� R���, A����� Maltese Cross Financial Services Limited Hamrun man, 23, in danger of dying after head-on collision JOHN PISANI A 23-year-old motorist from Ham- run is being treated for grievous in- juries and is in danger of dying after a traffic accident in Għargħur. Three other people also suffered injuries, but none of them is in danger. The victim and a 16-year-old pas- senger from Fgura, both from the Ħamrun Boy Scouts Group, were returning home after a few days' camping. The accident happened at around 1:30am in M. Murray Street, bet- ter known as the Għargħur bypass. Another motorist, believed to be an unlicensed 19-year-old from Naxxar who was driving a Mitsubishi Pajero towards the 'Telgħa t'Alla u Ommu' lost control of his vehicle and went on the other side of the road. At that moment, the Hamrun driv- er and his passenger were coming from the opposite direction towards Naxxar. The Hamrun motorist, driving a Toyota Townace, was said to have tried to avoid the collision. At the moment of impact, a Mini Cooper being driven behind the Toyota by a 55-year-old woman from St Julians, also hit the vehicle. Civil Protection personnel were called on the scene since the driver of the Toyota was trapped in the van. They had to cut parts of the van so that the driver could be extracted from the vehicle. Two doctors, Dr Michael Spiteri and Dr Jonathan Jos- lin together with nurses who arrived with the ambulances, gave first aid to the victims, who were all rushed to Mater Dei Hospital. In a statement the police said that the 19-year-old suffered grievous in- juries while the 16-year-old and the woman suffered slight injuries. Since the driver of the Toyota was certified to be in danger of loss of life, Magistrate Doreen Clarke was in- formed and ordered an inquiry. She appointed architect Richard Aquili- na, legal procurator Mario Buttigieg, traffic expert Joseph Zammit and forensic expert Dr Mario Scerri as court experts, together with the po- lice from the photography section. Inspector Luke Bonello and PS Alan Buhagiar from the Naxxar po- lice station are investigating the ac- cident. Dr Mallia and (right) Ombudsman Joseph Said Pullicino