“Having been the defendants heard in the trials Ruby 1 e 2 while they were subjected to investigation and therefore as persons substantially ‘under investigation’, the Court considers that the related testimonials are affected by absolute unusability due to violation of the legal guarantees set up to protect the prohibition of self-incrimination “. This is what the judges of the seventh criminal section of Milan write, which is celebrating the Ruby ter trial, in the ordinance with which it is declared the unusability of the declarations resa da 19 guests of the evenings of Arcore.
The court order – A decision, the one taken by the court chaired by Marco Tremola, which – according to the Ansa agency – could be one of the ‘weapons’ of the prosecutor, the one relating to the alleged false testimony given by the girls. “According to the same accusatory construct, the crime of corruption in judicial acts was at least evidentially connected to those subject to ascertainment in the judgments in which the accused were prosecuted “. So as it happened for Barbara Guerra e Iris Berardi all the participants in the evenings of Arcore – according to the judges – were to be felt as investigated and not as witnesses. “This ordinance is very important because in fact it is said that the statements in Ruby 1 and 2 are unusable due to a pathological defect”, commented the lawyer Federico Cecconi, legal of Silvio Berlusconi.
Berlusconi, hypothesis spontaneous declarations – Furthermore, the lawyer Cecconi said that at the moment they do not intend to dissolve “the reservation definitively” on a possible examination of Berlusconi as a defendant, but “the intention is, for now, to reserve spontaneous declarations for us“In upcoming hearings. The lawyer clarified that if there will be “still room to be able reserve us“Even a possible questioning” we will take time and this also in the light of an overall assessment of the progress of the investigation and on the basis of who will be heard during the examination of the accused “. It was pointed out to the lawyer that some young people, like Barbara Guerra e Alessandra Sorcinelli, they said they were ready to be questioned in the courtroom to tell “the truth” about the evenings in Arcore and on several occasions in recent weeks they attacked the former prime minister outside the Milanese courtroom. “Everyone does what he believes as he thinks better than having to defend himself – explained Cecconi – I will not enter into the merits of the evaluations, opportunities and defensive prerogatives of the people I do not assist”.
The calendar of hearings – Today the court has also fixed the timetable for the examination of the accused (phase before that of the witnesses of the defense). In the next hearing in the Milanese trial, on November 17, Marysthell Polanco, one of the young people present at the evenings of Arcore, who has already announced in the past that she wants to tell the “truth”, will join the dock for spontaneous statements. And then in the following hearing, on November 24, two other young people, Guerra and Sorcinelli who attacked Silvio Berlusconi on several occasions, will undergo examination in the courtroom. On December 1st, however, he will be questioned in the courtroom Luca Risso, Ruby’s ex-boyfriend, while always on November 24 will also be heard Luca Giuliante, former lawyer of the young Moroccan, also accused.
The witness: “In the interceptions Ruby asked for money” – Also in today’s hearing the lawyer of El Mahroug, the lawyer Paola Boccardi, asked a series of questions to the last witness of the prosecution, a criminal police investigator, also on the investigations carried out after the death in January 2019 in a Swiss clinic, with assisted suicide, of the lawyer Egidio Verzinic who was Ruby’s attorney. Lawyer who, with a statement released by him to the press, on 4 December 2018, had talked in particular about a payment from 5 million euros gives Silvio Berlusconi in Karima, through a bank in Antigua. “No additional investigations have been made on this in this proceeding – explained the witness – I am not aware that any investigations have been made in this proceeding, investigations have been made in another proceeding probably linked to the death of the lawyer”. And the prosecutor Luca Gaglio, in the classroom with the adjunct Tiziana Siciliano, specified: “We have opened a model 45 file (without suspects or hypotheses of crime) and we have verified any news of crime not identified”. And again the witness of the judicial police explained: “The three executors of Verzini were heard, one of the three in particular, feeling insecure, handed us some documents she had, they brought them to the Prosecutor’s Office and these documents were acquired and even mobile phones, but no significant elements emerged from the documentation “. On this front other lawyers insisted with some questions and also the lawyer Cecconi asked for clarification. In the other phases of the investigator’s testimony, a series of chapters already present in the investigative documents were addressed, including the fact that “in numerous interceptions – said the witness – Karima repeated her request for money and she said that in case she was also ready ‘to play crazy ”. The witness also spoke of a “pact” that existed with Berlusconi to obtain money from him.