NewsLocalJudges: "The negotiation took place but the Ros acted...

Judges: “The negotiation took place but the Ros acted to stop the massacres”


The negotiation between the state and the Mafia was an “improvised” initiative, that of the Ros dei Carabinieri to look for the former mafia mayor Vito Ciancimino, but which had the sole purpose of stopping the mafia massacres. This is why on September 23, 2021, generals Mario Mori and Antonio Subranni and Colonel Giuseppe De Donno were acquitted of the serious accusation of threatening the political body of the state, that is, the government. Now it is written in black and white, in the 2,971 pages of the motivations of the judges of the Palermo Court of Assizes of Appeal filed yesterday in the registry. The President of the Court Angelo Pellino and the adjudicator Vittorio Anania explain in the reasons why a year ago they overturned the first instance sentence acquitting the high officials of the Carabinieri but also the former senator of Forza Italia Marcello Dell’Utri, who in first degree had been sentenced to heavy sentences. While the charges against the repentant Giovanni Brusca were declared. Penalty reduced to the boss Leoluca Bagarella. The conviction of the mafia boss Nino Cinà confirmed. “The hypothesis of a collusion of the carabinieri with Mafia crime circles having been discarded from the outset and the hypothesis that they acted to preserve the safety of this or that politician, must be reiterated that, in doing their utmost to open a channel of communication with the Cosa Nostra that created the conditions for starting a possible dialogue aimed at ending the massacres, and in soliciting this dialogue, they were motivated, rather, by solidarity purposes (the protection of the safety of the national community) and the protection of a general interest – and fundamental – of the State “, the judges write”. The Court of Assizes does not skimp on criticism. “To have hypothesized also against eminent institutional personalities, such as the Conso Minister or the President of the Republic Oscar Luigi Scalfaro, an objective competition to the realization of the crime or a succession to the mafia threat, with the result of having to perform dialectical acrobatics to free them from a posthumous judgment of criminal responsibility (relying on the authenticity of the intentions or on having ignored the most disturbing background) in the opinion of this Court, as well as being ungenerous and misleading, it is the result of an error in legal syntax “, say the judges in the judgment. They define the first instance sentence as “incongruent”. And they exclude the “malice” of the Ros in engaging in a dialogue with the former mafia mayor Vito Ciancimino, to start a confrontation with pieces of Cosa Nostra to end the massacre strategy. “The purposes of Mario Mori’s action are incompatible with the configurability against him of a fraudulent complicity in the crime of threatening a body politic of the State, being his exclusive objective not to corroborate the mafia threat, but to sterilize it, feeding the already existing rift in Cosa Nostra with an initiative with divisive effects, and dissuasive for the associates who shared or sympathized with the strategic choice of massacre “, they explain. ‘There is no proof that Dell’Utri acted as an intermediary for the threat to Berlusconi’ The judges then reiterate that ” there is no proof “that the former Senator of Fi Marcello Dell’Utri” despite its ramified implications in the background “,” has completed that blackmail / threatening project of which he too had full knowledge at the behest of the exponents of the Cosa Nostra and following his repeated interlocutions, which took place up to December 1994, in particular with Vittorio Mangano ‘ ‘. In the first instance Dell’Utri had been sentenced to twelve years, on appeal the judges acquitted him of the charge of threatening a body politic of the state. ” Moving from the position of Marcello Dell’Utri – they write – it was possible to observe that there is no certain proof that the same has acted as an intermediary to communicate the renewed mafia / massacre threat up to Berlusconi when he was President of the Council of Ministers thus following what, due to simplification, can be identified – continues the Court of Assizes of Appeal – as the “last mile” which the offense would have been carried out … “. For the Court” there is no evidence that this phase, which can be qualified as a non-punishable background or antecedent, was followed by the further phase of communicating the threat to Berlusconi as the offended party and as Prime Minister to obtain the fulfillment, precisely under the mafia threat, of the commitments hired by Dell’Utri himself in the previous election campaign ”. ” It is not proven that in addition to the dialogue between Mangano (Vittorio, the former stable boy from Arcore ed) and Dell’Utri, there was an interlocution of Dell’Utri with Silvio Berlusconi on this issue, much less after the government took office Berlusconi, having to reiterate in this regard, as done in the preceding paragraphs (and to which he continues to refer), the difference between a political-mafia agreement tout court (although in itself illegal and morally unbecoming) and the transmission of the threat to the Government of the Republic “. ‘It was not the negotiation that accelerated the massacre in via D’Amelio but the procurement dossier.’ Part of the sentence is also dedicated to the mafia and tenders dossier, which entered the process several times. the first time involved Mafia exponents, entrepreneurs and politicians. But that investigation was closed. Paolo Borsellino had opposed the request for dismissal made directly by the Prosecutor. bbe it was the negotiations between the state and the mafia that accelerated the death of Paolo Borsellino, while now the judges say it is not so. And they explain: “The Court believes that the input given by Salvatore Riina to his interlocutor to kill Dr. Borsellino urgently within a few days, putting aside other homicidal projects already in a more advanced stage of execution – including the one concerning the honorable Mannino referred to by Giovanni Brusca – may have originated in the interest of the same doctor Borsellino in the Mafia and procurement relationship “. And then they explain that “Paolo Borsellino’s perplexities are well understood in the face of the option of closing the investigations of the most important procedure instructed in that historical moment by the Palermo Public Prosecutor’s Office in the context of that specific investigative line with a request for dismissal”. The judges also recall the “complaints that Borsellino had personally collected in his contacts with the carabinieri of the Ros”. And they refer to what happened in the crowded plenary assembly that was held in the prosecutor’s office with the prosecutors on July 14, 1992, that is, just five days before the via D’Amelio massacre. “Doctor Borsellino said so expressly in that assembly”, they say, as “Luigi Patronaggio well remembers”. The judges then, however, add in the motivations: “Borsellino held an attitude that did not betray distrust and distrust at all towards the work of the colleagues in charge of the proceedings, but, on the contrary, denoted the desire to open a sincere discussion on the issue under discussion, how open and transparent were the criticisms and perplexities and requests for clarification expressed in that forum (in the assembly in the Prosecutor’s Office of 14 July 1992 ed) “. The family of Paolo Borsellino is embittered ‘Seeking the truth is like climbing Everest’ The Borsellino family, commenting through the lawyer Fabio Trizzino, husband of Lucia Borsellino and lawyer of the civil party, the sentence does not hide his bitterness: “The research of a judicial truth on via d’Amelio is comparable to climbing Mount Everest. The further you go, the thinner the air becomes and the more powerful, almost invincible obstacles “. “Yet today we are 6 thousand meters high and, among a thousand obstacles, we have gained base camp. We need to rearrange our ideas and regain strength and energy – he says – The summit is closer there. You can almost touch it. But at the same time. Reaching it would mean looking inside certain untouchable sanctuaries that just try to look inside, you run the risk of being transformed into a statue of salt “. “The climate within the Palermo Public Prosecutor’s Office outlined in the motivations clearly contrasts with the words reposted by Alessandra Camassa and Massimo Russo, qualified texts, about the definition that Paolo Borsellino gave to his office in Palermo defined as a ‘nest of vipers’ – he says – The memory of a talented magistrate like Paolo Borsellino therefore requires a last effort on us. And we will not shy away, especially since our journey towards the Truth, for some, should not have even begun “, concludes Fabio Trizzino. the Attorney General, after the filing of the reasons? “We will carefully read the motivation of the sentence and will consequently evaluate the spaces for the Appeal for Cassation,” Palermo Attorney General Lia Sava told Adnkronos. (by Elvira Terranova)


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