Right of reply: Sacking of Mario Mallia

I write as instructed by my clients the Rector, Acting Head and College Board of St Albert the Great College and this with reference to your article titled School head who championed inclusivity fired by Dominicans penned by James Debono and published on your website and newspaper.

My clients rightly take offence at the impression given by the article which, also in view of the title utilised, seeks to give the impression that the Dominican Order is against policies of inclusion and that the dismissal of Mario Mallia is connected to his beliefs or policies, particularly those favouring interfaith discussion, particularly following the appointment of the new Rector.

I writing to bring to your attention the fact that the above is far from correct. As is evident from the final warning issued to the said Mario Mallia as well as his letter of dismissal (which you have presumably viewed ahead of publishing your article), the final decision taken by the College’s Board has absolutely nothing to do with his beliefs or policies of inclusion and interfaith implemented at the College.

On the other hand, the crucial problem envisaged by the Board and of which said Mario Mallia was duly and repeatedly warned was the manner in which he operated unilaterally and without obtaining the required approval and consent of the Board before implementing changes which necessarily effected or could effect the College’s finances and/or the running of the College as a Catholic and State-funded school and for which, therefore the College’s Board was exclusively responsible as detailed in the relative Statute regulating the running of the College.

I will not delve in detail in the numerous instances when this happened and when the College Board was only informed ex post facto or through filtered information from third parties or following complaints by parents of unilateral decisions taken by Mr. Mallia without the Board’s required approval.

Suffice it to say that these go very much beyond the introduction of the policies mentioned by yourself but stretch as far as employing individuals, renting or allowing use of school premises by unauthorised third parties, sometimes, against a payment unilaterally determined by himself.

The Board has recently also become aware that he decided to also carry out unauthorised works at the College at expenses which had to be approved beforehand by the College Board according to Statute. As you can see these repeated incidents have absolutely no connection with any policy of inclusion or otherwise, but only stemmed from Mallia’s own chosen policy to consistently exclude the College Board from the running of the school. 

In actual fact, the issue which regrettably led to Mr. Mallia’s dismissal was his clear refusal to take stock of the fact that a regulatory Statute was introduced according to which all financial matters fell within the remit and competence of the College Board.

Duly warned, Mr. Mallia even refused to recognise the superior authority of the College Board as determined via the Statute itself which regulates the running of the College. A Headmaster who refuses to abide with the conditions of the Statute which regulates the running of the College which he is supposed to head is, you will agree with me, a legal and practical non sequitur. In brief it is this which led to his dismissal and not any of the matters listed in your article.          

In view of the above, I am hereby requesting you the publish the below extract of this letter by way of my client’s right of reply in terms of law, namely art. 15 of the Media and Defamation Act.

“The College of St Albert the Great declares that, contrary to the impression given by the article title ‘School head who championed inclusivity fired by the Dominicans’, the crucial issue which regrettably led to Mr. Mallia’s dismissal was not in any way related to his beliefs or to his position favouring inclusivity but, on the other hand, to his clear refusal to abide with the regulatory Statute which expressly provides which financial and other matters relating to the running of the College have to be approved by the College Board. There were numerous instances were decisions which had or could potentially have a financial effect on the College and/or which involved the running of the College were taken by Mr. Mallia without due authorisation of the College Board as required by Statute. Duly warned, Mr. Mallia even refused to recognise the superior authority of the College Board as determined via the Statute itself which regulates the running of the College. Regrettably but justifiably, the Board determined that it could no longer work with a Headmaster who refuses to abide with the conditions of the Statute which regulates the running of the College which he is supposed to head and who chooses instead to operate unilaterally and without any accountability.

The Board of St Albert the Great College has always had at heart all policies aimed at improving the lives of its students, their families and its educators alike, including policies of inclusivity as well as eco-friendly policies which it has always embraced and which it will continue to push forward in the years to come with the same vision and perseverance.”

Dr Philip M. Magri
Valletta