Judges confirm six-year jail in shooting case

The Court of Criminal Appeal threw out an appeal to reduce the prison term of a man jailed for six years for shooting and injuring his business partner.

Giosuè Gauci, of Għargħur, argued that he had been found guilty on the basis of a jury's incorrect interpretation of the facts and called on the court to ease the punishment.

In June 2008, Mr Gauci, 61, had been found guilty of the attempted murder of Ronald Azzopardi on February 8, 2005, in Sliema. The jury had concluded that Mr Gauci had shot Mr Azzopardi during a moment of sudden passion.

He was jailed for six years after the court noted that Mr Azzopardi had forgiven Mr Gauci, who had also made big donations to charity.

Chief Justice Vincent de Gaetano, Mr Justice David Scicluna and Mr Justice Joseph Micallef, sitting in the appeal's court, upheld the conclusions of the first court that there must have been intent because the gun he used, a semi-automatic, could only work if the safety catch was released. Moreover, a second shot had been fired.

The appeal's court also pointed out that Mr Justice Joseph Galea Debono, who had presided over the trial by jury, had clearly and carefully explained to the jurors every charge filed against Mr Gauci.

The court also dismissed as "frivolous" Mr Gauci's claims that Mr Azzopardi was the last to testify and that the only consistent part of his testimony was when he said he forgave his attacker.