The former prosecutor of Pavia , Mario Venditti , in a note from his lawyer Domenico Aiello , recalls the story of the archiving requested and ordered by the investigating judge in the proceedings against Andrea Sempio , now investigated in conjunction with unknown persons in the latest inquiry into the murder of Chiara Poggi. And he emphasizes that he himself ordered «new investigations at the request of the Stasi defense». The note also includes an invitation to «stick to the facts in their objectivity and restraint» regarding the news on the new investigations into the Garlasco crime, avoiding «further defamatory narratives and reconstructions that are detrimental to the decorum and heritage of honorability» of the former magistrate, now retired. Aiello also recalled that, in the investigations into the murder of Chiara Poggi, Venditti «never served as a magistrate» at the Vigevano prosecutor's office, which was competent at the time, «nor in the subsequent trial and appeal phases». «Therefore Venditti - concludes Aiello - never represented the public prosecution in the trial that led to the conviction of Alberto Stasi».
After the final judgment of Alberto Stasi Venditti «was co-assignee (therefore not the only one) of an investigation file on Andrea Sempio , originating from a complaint by Stasi's defense and on the basis of the results certified by the consultants of the Court of Appeal of Milan already years before, never contested by the Attorney General», the former magistrate nevertheless ordered «new investigations, at the end of which he deemed it appropriate to request « the archiving of the investigative hypothesis, given the uselessness and fruitlessness of the scientific evidence deduced, certified by the consultants of the Scientific Investigations Unit of the Carabinieri and having evaluated the results of the subsequent investigations promptly ordered ».
The investigating judge accepted it, decreeing the conclusion of the investigation in March 2017. «A second file against unknown persons - Venditti recalls - instead originated from a report from the Carabinieri following a complaint from the Stasi defense, which «complained of persecutory attitudes, stalking, violence and disturbance to the detriment of a respected colleague» of the same defense. «In this peculiar context, the Carabinieri of Milan, who were investigating harassment and disturbances to the defense, sent a report to Pavia in 2020» in which they highlighted «a series of anomalies in the previous investigations [...] finding elements that could not put an end to a judicial matter».
The former magistrate recalls that «even before this information from the Carabinieri, the case had been in the making for years» and that «two heads of the Attorney General's Offices at the Court of Appeal, Milan and Brescia, the latter having jurisdiction over the review of the conviction, had not ordered anything and had even rejected or deemed inadmissible the numerous requests for review. The sentence therefore remained irremovable and res judicata». Venditti, therefore, «considering the proven fruitlessness of the scientific evidence, recalling the reasons for the previous archiving, and given the absolute lack of objective evidence for the stated and never proven anomalies of the previous investigations», requested the archiving of the file which was decreed by another magistrate from the GIP office of Pavia .
" Even today, the conviction remains a res judicata and therefore irremovable, binding for the parties in defense of the constitutional cornerstones of the right to defense and stability of jurisdiction - concludes the note from Venditti's lawyer -. The recent initiative of the Pavia Public Prosecutor's Office, completely legitimate, must in any case take into account the res judicata formed ten years ago. Therefore, it is easily foreseeable that a new request for review of the res judicata will soon be re-proposed on the basis of new evidence never before produced".
(Online Union)
