Del Agua to Escape Tribunal Grilling Only eight of the nearly 30 witness whom Joe Bossano hoped to subpoena to give evidence at the Industrial Tribunal hearing on "whistle-blower" Joanna Hernandez's claim for wrongful dismissal are likely to appear when the case is eventually heard in April next year. Nevertheless both Hernandez and the Opposition leader, who is representing her, believe that - with the other witnesses they will call and who do not need to be subpoenaed - they will provide enough evidence to support allegations of abuse, sexual misconduct and a culture of bullying within the Social Services Agency. The drastic cut in the number of witnesses he would agree to call was decided by its chairman Isaac Massias - following a series of heated exchanges with Bossano - when the Tribunal resumed its sitting a week ago. Though ostensibly the hearing had been called to set a date when Hernandez's full suit would be heard, it also gave Government-appointed lawyer Mark Isola, who is appearing on behalf of the Agency, the opportunity to challenge the relevance of the probable evidence of many of those Hernandez had hoped to subpoena.
EMBARASSING DISCLOSURES And in a remarkable additional decision - which potentially could establish a precedent for the Government to prevent future embarrassing disclosures - Massias ruled that Yvette del Agua (who, as Minister for Social Services, chaired the Agency board which approved Hernandez's dismissal) could not be subpoenaed as she no longer was the responsible minister. It's a ruling which has raised legal and trade union eyebrows, partly because of Del Agua's position in relation to the Agency at the relevant time but also because there are fears that - in future Tribunals where evidence could prove embarrassing to Government - there could be a temptation to switch a Minister or senior official to another department, thus removing them from the firing line.
The request for subpoenas stemmed from concerns by Bossano and Hernandez that Government and Agency employees could be victimized by their respective employers if they were seen to have come forward voluntarily to give evidence. Similar concerns - as well as fears that potential witnesses might be ‘got at' - prompted initial reluctance to disclose to the respondents the names of those they wished to have subpoenaed.
"I felt vulnerable repeating to the Tribunal what other people have told me - some things of which I didn't have a first hand personal knowledge," Hernandez told VOX after the hearing, referring to the fact that both Massias and Isola had quizzed her about the evidence she expected certain witnesses would give. "And I am not happy that we had to disclose the evidence and names of those who are not to be subpoenaed after all," she added, clearly concerned that these could face repercussions.
(However if, as many suspect, Isola's instructions to challenge the relevance of much of the subpoena evidence was to prevent the airing of potentially embarrassing ‘dirty linen', it was a ploy which backfired. By pressing Hernandez to disclose the evidence she expected witnesses to give, a sorry saga of serious allegations has been aired - and has been reported by VOX.)
Again at last Friday's hearing Hernandez provided more pointers to the bleak picture of abuse and mismanagement at the Agency and the shocking conditions she found when she took over the management of the Giraldi Home. Her own evidence would include direct knowledge of the misuse of drugs, of bullying and of ill-treatment of those in care, she indicated.
"I went to senior staff and asked for an investigation...and was told to keep quiet," she repeated.
INADEQUACY OF THE SERVICE Other witnesses would paint "a global picture of the inadequacy of the service" provided by the Agency, Bossano argued - prompting the response from Massias that "we are not here to try the Agency."
"I know we are not here to try the Agency," Bossano snapped. "If we were, it would be locked up in Moorish Castle."
Among those whose evidence will not be heard unless persuaded by Hernandez to come forward voluntarily - and one of the subpoena's refused by Massias - is a female CID officer connected to an investigation into allegations of an incident involving sexual abuse who had expressed her amazement that the investigation had been dropped and no steps were taken to prosecute, according to Hernandez.
And though Isola told the hearing that he hopes to call former Agency head Isabella Tosso as a "key" witness for the respondent - and Bossano will welcome the opportunity to cross-examine her - there is some doubt whether she will return to Gibraltar. Currently Tosso is in Britain and, as Massias half jocularly told an earlier hearing, the Tribunal has no powers to force someone outside the jurisdiction to appear before it.
http://www.vox.gi/Local/Del_Agua_Escape_Tribunal_Grilling-07122007.html 
Home 
