Operation Delhi has featured strongly in the McGrail Inquiry but what is it? Here's our explainer

Summary

Operation Delhi, initiated in October 2018, involves a complex case of alleged corporate sabotage and conspiracy. The operation began after James Gajo, Chairman of Bland Limited, complained to the Royal Gibraltar Police (RGP) about hacking and sabotage of the National Security System (NIS) platform. Two former Bland employees, Thomas Cornelio and John Perez, had left to form 36 North Limited, which was financially backed by Hassan's Law Firm, with significant shares held by the firm and government officials. The dispute centered around the ownership and maintenance of the NIS platform. The RGP, with UK's National Crime Agency's assistance, arrested Cornelio, Perez, and a senior government official, Kan Sanchez, for conspiracy to defraud Bland. However, the charges were discontinued by the Attorney General via a noly prosequi in January 2022, citing public interest. The inquiry continues, with the ownership of the NIS platform remaining unresolved, and has raised concerns over the security of Gibraltar's people.

Takeaways

• 🚨 **Operation Delhi Initiation**: The operation began in October 2018 following a complaint by James Gajo, Chairman of Bland Limited, to the RGP Commissioner about hacking and sabotage of the NYS platform.
• 📜 **Formal Complaint**: A formal written complaint was submitted to the RGP in December 2018, alleging a series of outages and security breaches.
• 💼 **New Venture**: In July 2018, two employees of Bland, Thomas Cornelio and John Perez, left to establish 36 North Limited with financial backing from Hassan's Law Firm.
• 🤝 **Investor Shares**: Hassan's Law Firm held a 33% share in 36 North, with senior partner James Leive owning over 10% and Chief Minister Fabian Picardo owning under 3%.
• 💡 **Government Custom**: Cornelio and Perez aimed to attract government custom for NIS away from Bland to their new company, believing the government should choose the better service provider.
• 📘 **Legal Representation**: Peter Carana represented Bland in the case against 36 North Limited over the disputed ownership of the NIS platform.
• 👮‍♂️ **Arrests and Allegations**: In May 2019, with the help of the UK's National Cyber Crime Unit, Thomas Cornelio, John Perez, and a senior government civil servant, Kan Sanchez, were arrested for allegedly conspiring to defraud Bland.
• 🔍 **Investigation Focus**: The RGP focused the investigation on the maintenance contract rather than the platform's ownership to circumvent legal complexities.
• 🏛️ **Chief Minister's Intervention**: The Chief Minister intervened, ensuring the NIS contract remained with Bland.
• 📉 **Charges and Denial**: Cornelio, Perez, and Sanchez were charged with conspiracy to defraud Bland on the basis of undermining Bland's maintenance contract. They have consistently denied the charges.
• 🛑 **Discontinuation of Proceedings**: In January 2022, the Attorney General applied a noly pro to discontinue the proceedings, citing public interest, despite believing there was enough evidence for prosecution.
• ⚖️ **Ongoing Inquiry**: The inquiry continues with no written contract established regarding the ownership of the NIS platform, and the National Security platform has been severely compromised.

Q & A

When did Operation Delhi begin?

Operation Delhi began in October 2018.

Who made a complaint to the RGP Commissioner?

James Gajo, the chairman of Bland Limited, made a complaint to the RGP Commissioner.

What was the name of the private enterprise set up by Thomas Cornelio and John Perez?

The private enterprise set up by Thomas Cornelio and John Perez was called 36 North Limited.

How much financial backing did 36 North Limited receive from Hassan's Law Firm?

36 North Limited received £476,000 in financial backing from Hassan's Law Firm.

What percentage of shares did Chief Minister Fabian Picardo have in 36 North Limited?

Chief Minister Fabian Picardo had just under 3% of shares in 36 North Limited.

Which entity did Bland Limited believe the government should choose to deliver a better service?

Bland Limited believed the government should choose 36 North Limited to deliver a better service.

Who represented Bland in the case against 36 North Limited?

Peter Carana represented Bland in the case against 36 North Limited.

What was the focus of the op Delhi investigation?

The focus of the op Delhi investigation was on the maintenance contract rather than the actual NIS platform.

What charges were Thomas Cornelio, John Perez, and Kan Sanchez initially facing?

They were initially charged with conspiracy to defraud Bland by assuming the intellectual property rights to NIS.

What legal instrument did the Attorney General apply to discontinue the proceedings?

The Attorney General applied a noly PRI, a rare legal instrument, to discontinue the proceedings.

What was the reason cited by the Attorney General for discontinuing the proceedings?

The Attorney General cited public interest grounds for discontinuing the proceedings.

What has been the status of the ownership contract for the NIS platform?

No written contract as to who owns the NIS platform has ever been established.