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James Debono
Joe Scicluna, the recently appointed chairman of the Broadcasting Authority, has rebutted criticism by the Union Haddiema Maqghduin on the way he has conducted an investigation on serious allegations concerning Pierre Pace, the director of the Internal Audit and Investigations Directorate, the state watchdog on government spending.
Scicluna’s investigation absolved Pace on the grounds that the union could not substantiate its allegations that the director divulged information on the selection process for the post of senior auditor at the IAID, to five employees between the first and second interviews.
The union now says that all department employees should have been asked to give evidence, after the investigation relied on just a written declaration by the director and two employees, who denied the allegations against them.
Scicluna said asking all department employees to give evidence would have undermined the authority of director Pierre Pace: “It would have been irresponsible and counter-productive for me to do so.”
At the time of the investigation, Scicluna also chaired the IAID board, of which Pierre Pace was also a member. Scicluna insists that being Pace’s colleague on the same board did not cloud his judgement.
In July 2004, the UHM requested the Public Service Commission to stop the selection process. The Public Service Commission did not find any reason for stopping the selection process, quashing the UHM’s allegations as “rumours”. The UHM replied informing the PSC that the five employees were willing to give their evidence.
The union requested an investigation in 2005, in a complaint which included allegations of favouritism in the granting of overtime. “It is alleged that although these workers are being paid for overtime, none of them work extra hours before or after normal working hours, despite signing the overtime sheets.”
The union also claimed that “when the director is part of the selection board in interviews for posts in the department, he chooses to reveal information to some and not to others as can be proved.”
Panel members on selection boards are asked to refrain from discussing anything on the selection process with candidates or other persons, according to government guidelines.
IAID director Pierre Pace was absolved from any wrongdoing in the investigation conducted by Joe Scicluna.
Asked whether he felt any conflict of interest, investigating a colleague who served on a board he chaired, Scicluna insists he had only conducted the investigation at the request of the Permanent Secretary in the Office of the Prime Minister, and in his capacity as the senior officer responsible for the supervision of the IAID.
“The authorities were presumably convinced, and so was I, that I could be relied upon to conduct an objective investigation.”
Scicluna insists the investigation was never discussed on the IAID board as this “would not have been appropriate.” He said the investigation was “dutifully and thoroughly conducted on the basis of interviews with the officers involved in the allegations and their subsequent written statements.”
He also contends their statements were subject to “the verification and cross-checking of relevant documents, records and statistics requested from the Directorate.”
On this basis Scicluna concluded that the allegations, “at least those that appeared to be the more serious”, could not be substantiated.
Scicluna also said he repeatedly requested the UHM to provide him with further information, including the names of these officers who reported the allegations, to interview them to “establish the truth.”
The UHM refused, asking Scicluna to interview all employees. Scicluna said it would have been “grossly unfair” to subject all employees to the “stress of an investigation” when those reporting the allegations “did not appear to be ready to stand up and be counted.”
Scicluna said it was a basic principle of natural justice that a person making an allegation against another should try to substantiate it with all the pertinent information at his disposal.
MaltaToday tried to contact the IAID Director to give his version of events but he neither returned our calls, nor did he answer questions sent by email.
jdebono@mediatoday.com.mt
Links:http://www.maltatoday.com.mt/2006/02/12/t2.html
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