Tobini case, legal mother: “Too many contradictions”

“David Tobini has been forgotten by many. There are two prosecutors who investigate, the ordinary and the military one. We expect that light will be shed on what happened in that trench in Afghanistan”. The lawyer Paolo Pirani is the lawyer of Annarita Lo Mastro, the mother of corporal David Tobini, who was killed in Afghanstian on 25 July ten years ago. “In two days it is the tenth anniversary and we still await justice”. The lawyer objected to the filing request of the Rome Public Prosecutor’s Office. Now we await the decision of the investigating judge who must dissolve the reserve. But the military prosecutor is also investigating. “I asked for a series of activities – Pirani says to Adnkronos – for example on the letter to his mother, written by David, and then disappeared into thin air. The specific competence is of the Military Prosecutor’s Office. The letter was a personal effect of David, there they must explain what happened to it. And the military prosecutor “will then have to certify if there are any statements that do not correspond to the truth.” Even the lawyer Pirani, like the mother of the young parà della Folgore, speaks of “contradictions” in the course of the investigation , closed for the first time and then reopened. “The Public Prosecutor did not consult – he explains – turned to the Carabinieri of the Ris. The first time an incomplete analysis is made and in the second activity entrusted to the Ris, they do not make any checks, not even on the helmet. We show a contradiction in the response of the ris because we say that in the first report there was a contradiction on what the coroner and the Ris said “.” The Ris said that the blow received by David was later, while the coroner says the contrary, which was front to back. It is not possible, we have shown that the blow is posterior. We did everything we could do without the helmet “. And he quotes Paride Minervini, the Folgore’s assistant officer who” did the simplest thing: he took a pin and put it through two points from David’s helmet – says the lawyer to the Adnkronos – and we were able to ascertain with certainty and unequivocal what was the intermediary, which was later. So if the intermediary is later, the prosecutor must explain to me why he is requesting the filing “. And he reiterates that” the shot that killed David is a medium and small caliber ammunition, 5.56 ammunition supplied to the Italian Army forces . Someone has to give me an answer. “And he focuses his attention again on the helmet:” It has never been analyzed from a radiographic point of view, the chemical examination on the dust residue of the examination on the helmet has never been done. And it continues to be said that David was hit by the enemy front, when the blow is in the rear “. In the memory deposited by the lawyer, we read, among other things:” Further and disconcerting gaps emerge in the sphere of the ballistic investigations conducted from Ris, proven by a further technical report signed by CT Paride Minervini to which the offended party turned to have ballistic tests carried out. “” Tobini was caught by a gunshot from a distance greater than 40 cm (included) – -It reads -Tobini was drawn from a 5.56 caliber NATO model SS109 bullet. Tobini’s helmet has 2 trajectories: the first external-internal from bottom to top, from left to right from back to front. The second trajectory is identifiable from the moment that the bullet crossed the wall of the helmet, reached the fixing plate of the “cage”, deviated creating the cranial breach and then continued tearing the skin part not retained by the “cage” of the helmet, cutting the rear support belt of the helmet and then ending its run in the inner part of the helmet without perforating it. The external trajectory is not compatible with that described by the medical examiners in the autopsy report, as it is not “from front to back” but from back to front “. And again:” From a first analysis of the helmet worn by CM Tobini, it is possible to state that the same was drawn and punctured by a small-medium caliber 5.56 NATO SS 109 bullet; to know the suitability of the helmet to protect the Tobini, it is necessary to have the technical sheet of the bulletproof Kevlar helmet and to know the testing tests of the same (batch and model) “. Meanwhile, the family awaits the decision of the investigating judge who he reserved. “What do we expect? – concludes the lawyer to the Adnkronos – One of the few times that I happen to wait so long for a proceeding in reserve makes me think that there is a reading and particular attention to the file. I expect the investigating judge to accept the requests we have made, it means leaving no doubts that otherwise would remain unresolved “.” I expect that an attentive judge, who reads all the passages, cannot fail to accept the opposition to archiving, even to avoid another Tobini case. “” David’s mother seeks answers to those that only the prosecutor can give – he says – It is the investigating judge who can force the prosecutor to make further investigations. I am used to making defensive investigations without asking anyone anything but I am prevented by objective elements, I cannot do it “.