Six years jail for office shooting

A businessman was yesterday jailed for six years after a jury found him guilty of the attempted murder of his business partner in an act that they deemed excusable due to sudden passion.

After six hours of deliberation, jurors found Giosuè Gauci, 61 of Għargħur guilty, by six votes to three, of the attempted murder of Ronald Azzopardi on February 8, 2005, in Sliema. They concluded that Mr Gauci had shot Mr Azzopardi during a moment of sudden passion.

During submissions on punishment, defence lawyer Arthur Azzopardi, who represented Mr Gauci together with lawyer Matthew Brincat, reminded Mr Justice Joseph Galea Debono that, while testifying on Tuesday, Mr Azzopardi had forgiven his client.

The lawyer noted that Mr Gauci had been a very generous donor to various charities and he asked the court to consider that the accused had fully cooperated with the police and had given himself up.

The head of the Prosecution Unit at the Attorney General's Office, Anthony Barbara, told the court that a message to society should be sent, in order to prevent anyone from taking the law into their own hands.

Dr Barbara said that the fact that someone could afford to make generous donations to charity did not make one immune to the law.

Mr Gauci could have killed Mr Azzopardi, he insisted. Mr Gauci testified that on one of his usual calls to Mr Azzopardi's office to collect money owed to him, Mr Azzopardi informed him he would not be paid and pointed a gun at him. Mr Gauci told jurors a scuffle ensued during which he grabbed the gun from Mr Azzopardi and pulled the trigger.

The victim, on the other hand, recounted a different version. He testified that it was Mr Gauci who had produced the gun and boxed him on the ear shortly before the incident occurred.

Before handing down judgment, Mr Justice Galea Debono took into consideration the fact that Mr Azzopardi had forgiven Mr Gauci, that Mr Gauci had been very generous to charity, that he fully cooperated with the police and that the victim had never been in danger of dying. The judge also noted that, although Mr Gauci was owed money, this did not justify him using a gun.