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.

Outlines

00:00

🚨 Operation Delhi: Alleged Sabotage and Legal Proceedings

Operation Delhi was initiated in October 2018 following a complaint by James Gajo, Chairman of Bland Limited, to the RGP Commissioner, alleging hacking and sabotage of the NYS platform. Two ex-employees, Thomas Cornelio and John Perez, had left to form 36 North Limited, backed by Hassan's Law Firm. The firm and its partners, including the Chief Minister, held shares in 36 North. Bland accused 36 North of attempting to steal the NIS platform contract. The RGP focused on a maintenance contract in its investigation. In May 2019, with UK's National Cyber Crime Unit's help, Cornelio, Perez, and a senior civil servant, Kan San Sanchez, were arrested for conspiracy to defraud Bland. The men claimed the government owned NIS, not Bland. Charges were later adjusted to focus on the maintenance contract. Despite the Chief Justice's confidence in dismissing the charges, the Attorney General discontinued the case in January 2022 citing public interest, and a restriction notice was issued regarding the NIS system.

Keywords

💡Operation Delhi

Operation Delhi refers to an investigation that began in October 2018 following a complaint by James Gajo, Chairman of Bland Limited, to the RGP Commissioner. The operation is central to the video's theme as it revolves around the alleged hacking and sabotage of the NYS platform, leading to a series of legal and criminal proceedings.

💡Bland Limited

Bland Limited is a company mentioned in the script that experienced a series of outages and alleged hacking incidents. It is a key entity in the video's narrative as the company whose intellectual property rights and contractual agreements are at the heart of the dispute.

💡36 North Limited

36 North Limited is a private enterprise established by former Bland employees, Thomas Cornelio and John Perez, with financial backing from Hassan's Law Firm. The company is significant as it represents the new venture that aimed to attract government custom for NIS away from Bland, thus becoming part of the conflict within the video's storyline.

💡Hassan's Law Firm

Hassan's Law Firm is depicted as providing financial backing to 36 North Limited, owning a 33% share through a holding company. The firm's involvement is pivotal as it connects the establishment of 36 North to potential conflicts of interest and the broader implications of corporate and legal entanglements in the video's plot.

💡National Cyber Crime Unit

The National Cyber Crime Unit, part of the UK's National Crime Agency, assisted in the arrest of Thomas Cornelio and John Perez. This unit's role is integral to the video's theme as it highlights the involvement of international law enforcement in addressing cybercrime and the protection of intellectual property.

💡Conspiracy to Defraud

The charge of conspiracy to defraud is a legal concept central to the video's narrative. It is the basis on which Thomas Cornelio, John Perez, and Kan Sanchez were charged, alleging they conspired to dishonestly undermine Bland's ability to perform its contractual agreement with the government.

💡Intellectual Property Rights

Intellectual property rights pertain to the ownership and protection of creations of the mind, such as inventions and artistic works. In the video, these rights are contested between Bland and 36 North Limited, with allegations of assuming rights to the NIS platform.

💡Maintenance Contract

A maintenance contract is an agreement for ongoing services, in this case, relating to the NIS platform. The video's plot focuses on the alleged undermining of Bland's ability to perform this contract, which is a key element in the legal and ethical dilemmas presented.

💡Public Interest

Public interest is a principle invoked by the Attorney General to discontinue the proceedings against the accused. It is a significant concept in the video as it underpins the decision to halt the trial, suggesting a broader societal or political考量 (consideration) that outweighs the pursuit of legal action.

💡Chief Minister Fabin Picardo

Chief Minister Fabin Picardo is a political figure mentioned in the script who had a small shareholding in 36 North. His involvement illustrates the intersection of politics and business within the video's narrative, raising questions about the influence of political connections on corporate decisions.

💡No Case to Answer (NoLY)

NoLY, short for 'No Case to Answer,' is a legal instrument used by the Attorney General to discontinue the proceedings. Its use in the video is a critical turning point, reflecting the complexities of legal processes and the potential for external factors to influence the outcome of a case.

💡National Security Platform (NIS)

The National Security platform, or NIS, is the subject of the dispute between Bland and 36 North Limited. It represents the core asset whose ownership and control are contested, and its alleged sabotage is central to the video's storyline, highlighting the importance of cybersecurity and the protection of critical infrastructure.

Highlights

Operation Delhi began in October 2018 following a complaint by James Gajo, Chairman of Bland Limited, to the RGP Commissioner.

James Gajo alleged hacking and sabotage of the NYS platform and filed a formal complaint in December 2018.

Two employees, Thomas Cornelio and John Perez, left Bland to form 36 North Limited with financial backing from Hassan's Law Firm.

Hassan's Law Firm owned a 33% share in 36 North, with various stakeholders including the Chief Minister holding shares.

Cornelio and Perez aimed to attract government custom for NIS away from Bland to 36 North.

Peter Carana represented Bland in the case against 36 North Limited over the disputed ownership of the NIS platform.

The UK's National Cyber Crime Unit and the National Crime Agency assisted in the arrests of Cornelio, Perez, and a senior government civil servant, Kan Sanchez, in May 2019.

The men were accused of conspiring to defraud Bland by assuming the intellectual property rights to NIS.

The RGP focused the investigation on the maintenance contract rather than the platform's ownership.

The Chief Minister intervened, ensuring the NIS contract remained with Bland.

James Levie, a senior partner at Hassan's, was suspected of involvement but was later cleared of being a suspect.

Thomas Cornelio, John Perez, and Kan Sanchez were charged with conspiracy to defraud Bland on the basis of undermining a maintenance contract.

Cornelio faced additional computer misuse charges, while Sanchez was charged with conduct in public office.

The three men have consistently denied the charges and maintained their innocence.

In January 2022, the Attorney General applied a noly PRI to discontinue the proceedings, citing public interest grounds.

A restriction notice was issued under the Inquiries Act, limiting references to the NIS system in documents before the inquiry.

The Chief Minister cited public interest in the inquiry into the early retirement of Igel.

The National Security platform was reported to have been severely assaulted, putting the people of Jalter at risk.

No written contract has been established regarding the ownership of the NIS platform.

Transcripts

operation Delhi began in October 2018

after the chairman of bland limited

James gajo made a complaint directly to

the rgp commissioner at the time I mcgr

following a series of outages he alleged

the hacking and or sabotage of the NYS

platform he wrote a formal written

complaint to the rgp in December of that

year but rewinding back to July 2018 two

employees of bland Thomas Cornelio and

John Perez left the company after they

set up a private Enterprise called 36

North limited this they did with the

financial backing of Hassan's Law Firm

to the tune of £

476,000

hans's owned a 33% share in 36 North

through a holding company called aelon

limited senior partner James levie owned

just over a 10% share while chief

minister fabin picardo had just under 3%

other senior Partners at hans's also Al

had a small

shareholding Mr Cornelio and Perez hoped

to attract the government custom for NIS

away from Bland to 36 North believing it

was for the government to decide who

could deliver a better service s Peter

Carana represented Bland in the case

against 36 North limited over the

ownership of the NIS platform which was

disputed sepa also took a role in

preparing the evidence for the rgp he

now represents the government parties in

the mcrell

inquiry moving on to May 2019 now with

the help of the UK's National cyber

crime unit at the National Crime agency

Thomas Cornelio and John Perez were

arrested along with a senior government

civil servant Kan

Sanchez at the time of their arrests it

was alleged that they had conspired to

defraud Bland by assuming the

intellectual property rights to Enis it

was also alleged that they had

dishonestly undermined Bland's ability

to perform its contractual agreement

with the government and therefore obtain

the benefit of that agreement for

themselves Andor for 36 North limited

but the men maintained that it was the

government who were the owners of NIS

and not Bland the rgp circumvented the

ownership issue by focusing the op Deli

investigation on the maintenance

contract rather than on the actual

platform the chief minister intervened

and said the NIS contract would remain

with Bland

by early 2020 the investigation led the

police to the offices of Hassan's senior

partner James lvie whom they suspected

may be involved in the conspiracy to

defraud

investigation on the 12th of May 2020

the rgp attempted to execute a search

warrant at his office Mr levie handed

over his devices voluntarily but the

warrant was never executed Mr Levy's

devices were never searched and by

September that year he was no longer

considered to be be a suspect but Thomas

Cornelio John Perez and Cain Sanchez

were charged with conspiracy to defraud

Bland but on a different basis that they

had intended to undermine the ability of

bland to perform a maintenance contract

relating to NIS Mr Cornelio was also

charged with a number of computer misuse

offenses including unauthorized access

and unauthorized acts with intent to

impair cause or create risk of serious

damage additionally Cain Sanchez was

charged with conduct in public office

the three men have always denied the

charges and have maintained their

innocence from the outset they were

confident the Chief Justice would

dismiss the charges against them but in

January 2022 just before trial

everything came to a halt the Attorney

General announced he was applying a rare

legal instrument called a noly PRI to

discontinue the proceedings despite

saying there was enough evidence to

prosecute he cited public interest

grounds the day before the inquiry was

due to start the government issued a

restriction notice under the inquiries

act relating to a small and limited

number of references to the NIS system

in documents before the inquiry into

igel's early retirement the chief

minister cited public interest grounds

this week IM Migel told the inquiry the

National Security platform had been

severely assaulted putting the people of

jalter at risk the inquiry continues and

no written cont contract as to who owns

the NIS platform has ever been

established