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Today’s question is should a public official accused of a crime resign from their post pending an investigation?

Public needs and private deeds

By Mario Mallia

On the one hand, the survival of the rule of law and ultimately democracy itself is directly dependent on the level of trust afforded by citizens to the institutions. Indeed, not only do public officials need to be clean, but more importantly, they need to be perceived as being clean. This means that any misdemeanour, or rumour of it, which risks tarnishing an institution’s image, needs to be quelled decisively. Public officials are in a position of power and power has the means of instigating corruption and malpractice. It is sine qua non, therefore, that a network of checks and balances is firmly in place so that public officials who might feel tempted to stray to murky waters are kept in check. At the same time, Cikku and Doris would have their right of redress guaranteed.

On the other hand, because of the very nature of their job, public officials are prone to abuse by individuals who might have an axe to grind, either with the public officer personally, or with the institution as a whole.

Both of these requisites need to be accommodated. However, first on the list is the maxim that the public needs to be protected at all costs. Public officials accused of crimes should resign from their duties. More so if the nature of an alleged crime could put the general public at risk, especially the most vulnerable. For instance, a teacher accused of raping a child should be forced to resign until it is safely ascertained that the alleged crime did not take place. No measure should be spared to ensure that children are protected from potential harm. In addition, a resignation is also a must whenever an investigation into the alleged crime can in some way be compromised. A prison warden accused of mistreating inmates should be kept away from the facility, in order to avoid possible contamination of evidence.

This is especially so for high-ranking officers who might throw their weight around, possibly undermining the natural course of justice.

Having said this, the basic tenet that the accused has to be presumed innocent until proved guilty, needs to be upheld. This means that even though the official should resign temporarily until investigations are complete, the public official should keep receiving wages. The official’s family have nothing to do with the alleged offence, and therefore they should not be made to suffer more than necessary. Justice delayed is justice denied: at the same time as being rigorous, investigations need to be hastened to avoid unnecessary hardship.

Lastly, what should count for the goose should also count for the gander. It is not only the lower ranking officials who should be made to resign in case of an alleged crime, but perhaps more so the top brass, on whom the onus of the institution ultimately rests.

Mr Mallia is Secretary General of AD-The Green Party