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Double murder at Irgoli.
The PP: proceedings to be reopened
Court of Appeal, De Nicola surprises everyone and agrees with the argument put forward by the defence “This being the case, I would ask for acquittal of the defendant, Mr Dessena”
by Kety Sanna
15th December, 2012
SASSARI. "This public prosecutor accepts all the questions raised by the defence counsel of the defendant, Andrea Dessena, sentenced to life imprisonment in the court of first instance for the double murder of Sara Cherchi and Mario Mulas." Thus began public prosecutor Sergio De Nicola yesterday, who, surprising all those present, directed a series of preliminary requests for the reopening of proceedings to the Court of Assizes, presided by Plinia Azzena (with Luisa Diez sitting by). Exactly those put forward by the lawyer Antonino Rossi, who has always believed that his client had no involvement in the double murder, which took place in Irgoli on the evening of 3rd September, 2008, and was unjustly convicted for "the erroneous reconstruction of events and an incorrect interpretation of certain telephone and environmental interceptions". But not only that. In the Public Prosecutor's opinion, examination of the evidence provided by the witness Denis Derosas, who with the information provided in confidence to Zarra, Marshal of the carabinieri, accused the defendant of the murder, should be absolutely arranged, and certain telephone interceptions in which the defendant, during a conversation with a friend (Manuel Casula ndr) refers to the stub to which he had been subjected, but a month after the double murder, following another murder on 3rd October ( "That's why I got off", he had said Dessena). De Nicola's requests continued with the need for further analysis of the telephone records that placed Andrea Dessena 10km from the murder scene at the time the offence was committed, with the further inclusion of the cross-examination of certain witnesses who had given contradictory statements of events. But not even the motive, recognised by the Court of Assizes of Barbagia, convinced the public prosecutor, who concluded his discussion by stating: "There is no evidence and since this prosecutor's office is cautious, if there is to be a conviction, it must be upon proof beyond a reasonable doubt. Such being the situation, I would ask for acquittal of the defendant".
Gian Luigi Mastio, Counsel for the Plaintiff, who objected to all the defence counsel's request, dealt exclusively with preliminary matters. Starting with the cancellation of the order, based, according to the Mr Rossi, on an erroneous belief, namely that there had been no breach of the right of defence, since at the time of application of the pre-trial prison detention measure for Andrea Dessena and of the contextual rejection of the same for Tonino Stalzio and Mario Dessena, the defence became aware, thanks to access to the records, of the other alleged accomplices of Andrea Dessena in the double murder. "The names were recorded in the pre-trial detention order", emphasised the counsel for the plaintiff, who then added: "It would be pointless subjecting the conversation between Dessena and Casula to further examination as it has, on the other hand, been analysed in detail (as were all the others) by the expert witness appointed by the court of first instance". There being no point in the parties bringing civil action lingering over the evidence given by witness Marshal Zarra who reported to the court the information that Derosas had told him in confidence.
"As reported in the explanatory statement of the chief judge of the Nuoro Court of Assizes, the trial records have not been included, and even if Derosas should decide to attend the hearing, he could in any case exercise the right to remain silent", underlined Derosas. "Should this be the case, I would ask that checks be carried out with a view to ascertaining if the family of the witness has been subject to intimidation". The case was adjourned until 25 January for conclusion of civil proceedings.