The favorable opinion of the pm came after a series of meetings in the prosecutor’s office on the day that the former chairman of the Senate asks to be present at the Quirinale.
In the Public Prosecutor considers seriously the risk that a no to the request of the mafia bosses Totò Riina and Leoluca Bagarella and, today, the former minister Nicola Mancino DC, to attend the deposition of the President of the Republic Giorgio Napolitano to the negotiation process on the state-mafia, can blow up the trial. The interpretation of these rules has in fact opened up a debate. And it is for this reason that judges representing the prosecution, Nino Di Matteo, Roberto Tartaglia and Vittorio Teresi, have expressed their support to the presence of the three defendants. Stating clearly that the two godfathers may, if the court uphold their instances, be present only in video conferencing, while at Mancino would be allowed to go to the Quirinale. Decision that did not please the Democratic Party that has taken the field against the Attorney compact defining the request “incomprehensible.”
There are only three defendants who did know want to attend the hearing, scheduled for October 28 at the Hill. Others are silent, they still have not made their intention to only admit pm and defenders, made known to the recent hearings by the panel. The question, therefore, becomes more and more tricky. Because if it is true that the court has drawn, in the absence of a specific provision, Article of the Code of Criminal Procedure, which governs the case of the witness stopped to go to the hearing, the rule which excludes the presence of the accused, it is also true that the law requires the court to admit the accused seeks to join.
The eventual exclusion could lead to the invalidity of the assumption of the test – in this case the removal of the head of state – or, second, a part of the law, the whole process. And this is precisely the argument by the prosecution that followed, referring to the Code and general principles on the participation of the accused, and fearing to undermine the trial by providing the inspiration for a plea of nullity on appeal, gave a favorable opinion to the requests suffered of the two bosses and Mancino. Most likely the college, through the mouth of its president, Alfredo Montalto, will rule on the matter at a hearing next Thursday. But it is clear that the decision of the judges, in addition to regulatory considerations will weigh even reasons of expediency: it can be understood the embarrassment that would create a presence at the Quirinale, albeit through the videoconference link from prison, the boss Totò Riina and Leoluca Bagarella, both Moreover, with the right to intervene at any time to make spontaneous statements.
Understandable then the doubts that are recorded at the Quirinale on the matter: questions that go beyond the person of Giorgio Napolitano – who in fact testify – but investing guarantees and prerogatives of the head of state, as well as the image of the institution, as also shown by the sensational possibility that two boss stragista can somehow interact with the highest state office. But what will have to depose the head of state? At the heart of the testimony, the request by the public prosecutor and circumscribed by rigid poles fixed by the courts, there are fears expressed to Napolitano by his former legal advisor Loris D’Ambrosio, who later died, on episodes that occurred between 1989 and 1993 due, according to the magistrates, right at the negotiation state-mafia.
The head of state last November had sent a letter to the President of the Court in which he said he did not have “Details of ‘or’ specifications’ by D’Ambrosio on those fears, and therefore does not have “to report any knowledge useful to the process.” An assessment that the college has not considered in itself sufficient to prevent the deposition. We can not exclude the right of the parties to call a witness to facts relevant to the process just because they ruled to be informed about the facts themselves, is essentially the reasoning followed by the court. Hence the decision to go ahead with the quote. The deposition of the Head of State would also participate in the press.
And so, the Order of Sicily asked the court that “the reporters are put in a position to follow the testimony, unfiltered versions and reported by the present , which – even unintentionally – may be partial and conditioning, especially in such an important occasion. ” Critical to the decision of the Prosecutor is the Democratic Party, with the President of the Senate, Luigi Zanda, which (like Anna Finocchiaro) says “do not understand their meaning, neither procedural nor institutional,” while the deputies Federico Gelli and Ernesto Magorno speak of “a serious fall style.” Even more clearly the opinion of the Chairman of the Group of the Democratic Party Room, Robert Hope, “I see pull over the name of the President of the Republic to that of two mafia bosses. This is unacceptable. I have always respected the judiciary, but honestly I think you have successfully passed the sign. ”
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