Bolaños testifies: Claims of hidden camera in NMH and police corruption

Allegations of police corruption and persecution were at the heart of today's session at the Supreme Court. 

This was the evidence of former RGP officer, Antony Bolaños.  The 38 year old faces three charges relating to the storing and sharing of personal data.

This morning, the judge said he will give the jury direction to find Mr Bolaños not guilty on the first count.

The two that remain relate to a wanted notice sent to the defendant by a serving officer back in 2022.

After the prosecution closed its case, the defendant, former RGP officer Antony Bolaños, elected to give his evidence.

He began by saying he was someone who had served the community for the better part of 10 years.  

He claims he is now being persecuted by the RGP due to his status as a whistleblower. 

Mr Bolaños explained that it started in 2015 when he found what he described as an “illegal recording device”, a pinhole camera, in a New Mole House interview suite where lawyers and their clients have privileged conversations.

He told the court that when he reported it to senior management, nothing was done. He said he was told to forget it and was threatened.

The defendant said he later made arrangements to report this to Government, explaining that he felt he had two choices. He told the court he could either “live against principles that I represent and keep quiet or I stand tall for my family and loved ones and expose corruption”.

He continued his evidence by saying he made several statements of RGP wrongdoing to the McGrail Inquiry, including the allegation about the camera.

He said he hoped the people of Gibraltar would have a fair chance at the judicial system.

He said he had subsequently been arrested and charged with numerous offences. The data breach he is currently on trial for is one of them.

In relation to that breach, the defendant told the court he had been sent the wanted notice without asking for it, and that the officer who sent it had told the Magistrates’ Court that it was “nothing to do with Antony”.

Mr Bolaños said, “I am no criminal,” adding, “I am being persecuted,” and that, “I sent it to my lawyer as I needed a safeguard,” claiming he was legally entitled to do so.

The court heard the lawyer in question is Hassans Senior Partner James Levy KC.

Director of Public Prosecutions, Christian Rocca KC, said Mr Bolaños had admitted to retaining and sharing the sensitive information, even though he knew doing so was wrong. Mr Rocca said forensic evidence supports this.

The Crown’s top lawyer told the court the wanted notice in question was related to a data breach of the McGrail Inquiry. He questioned the real motive behind Mr Bolaños sharing it with Mr Levy, and whether it truly offered him protection.

The Director reminded the court that in order to share the information, it had to have been retained. Therefore, he argued, the defendant had committed both offences he was on trial for. He ended by saying it was “an incredibly simple case” and that there was “no doubt he is guilty of charges two and three” 

In his closing argument, Defence lawyer Shane Danino asked the jury not to “lose sight of the backdrop of the case”.

He said his client “has been persecuted by police as a result of providing a whistleblowing statement” that revealed “illicit practices” in the force.  

Mr Danino asked whether, if what Antony Bolaños did was illegal, why James Levy hadn’t been charged too. 

The case will close tomorrow. 

The judge is set to give his summing up before the jury will deliberate the verdict on the remaining two charges.