Jan 09 - Europa Point Shooting Incident: Fraudster Jailed For Over Five Years
A former GDP officer who was in such a desperate mental state after defrauding local businessmen that he shot himself was today jailed for a total of five years and two months at the Supreme Court.
Mark Galia, 40, had previously pleaded guilty to nine counts of fraud and one count of attempting to pervert the course of justice.
FRAUD
During a sentencing hearing this morning, the Chief Justice Anthony Dudley heard how, in early 2011, Galia had approached several local businessmen to ask them for money to invest in the purchase of electronic items which he claimed would then be supplied to the MOD thereby yielding a substantial profit.
However, in what was described by his defence lawyer Christian Rocca as a failed scheme which merely “robbed Peter to pay Paul”, neither the electronic goods promised by Galia nor the returns on the original investment ever materialized.
Apart from these ventures, Galia had promised a friend that he would procure a Range Rover for £16,000 and had also received funds totaling around £14,000 from another businessman to import iPads from China. Once again, these proved to be false ventures.
In total, Galia pleaded guilty to numerous counts of fraud amounting to £375,725. These incidents took place over a course of two years.
EUROPA POINT SHOOTING
The court heard how, on the 15th of January 2013, the date on which he was contractually obliged to deliver the returns of several fraudulent investments, Galia sent himself abusive text messages from a Spanish mobile purporting to be from “Fowler”, a man demanding payment.
Galia then made his way to a bench by the western cliff face at Europa Point where he shot himself, sustaining a wound on the right side of his abdomen. Galia had used a 9mm semi-automatic pistol which was later recovered from the sea.
Galia called the police claiming he had been shot, a story he repeated on various occasions until just before sentencing. This information, plus further evidence from Galia’s mobile phone, led the Royal Gibraltar Police to launch an extensive investigation which resulted in the arrest of several locals who were subsequently released without charge.
Galia was taken to hospital in Cadiz for treatment and returned to Gibraltar while investigations continued.
Prosecutor Mark Clive Zammit explained that it soon became clear to police that Galia’s story was a fabrication. Analysis of CCTV footage at Europa Point showed that Galia was alone that day – there was no sign of “Fowler” or anyone else who could have been involved in the shooting.
Police also discovered that Galia had sent himself emails purporting to be from Fowler and found the SIM card and mobile phone owned by Galia which he had used to send the text messages.
Furthermore, forensic analysis of the gunshot wound (described as a “contact shot”; one where the muzzle is pressed against the body) indicated that it was consistent with having been self-inflicted.
FRAUD INVESTIGATION
While Galia was recovering at home, the investigation also turned to allegations of fraud received from members of the public. Galia’s home was searched and he was arrested and charged with several counts of fraud. Galia pleaded guilty to the fraud charges at the earliest opportunity. The court heard how Galia had immediately resigned from his post as a police constable.
In mitigation, his lawyer Christian Rocca said that by lying about the details of the Europa Point shooting, Galia had not intended to implicate any third parties but had merely wanted to hide the truth from his children.
Mr Rocca argued that it was proof of his client’s traumatised mental state at the time that he went as far as committing an act which could have resulted in his own death.
With regards to the various fraudulent schemes, Mr Rocca argued that Galia and his family had not made any financial gain – in fact, they will, if anything, be left penniless after a court confiscation order of over £33,000 takes their life savings.
SENTENCE
The Chief Justice said that Galia’s attempt to pervert the course of justice was a serious offence because he persisted with a false story which led to the arrest of several innocent people whose reputation had been affected. He added that the misleading information provided by the defendant had also resulted in the wasteful deployment of significant police resources.
He sentenced Galia to three years and eight months for the fraud and one year and six months for the attempt to pervert the course of justice. In total, Galia will therefore serve five years and two months in prison.
