They called it a war between prosecutors and did everything to make sure that the public didn't understand anything. In large part they succeeded, because how many Italians now know exactly what happened to the magistrate Luigi De Magistris, recently elected MEP for IDV, and the Prosecutor of Salerno Luigi Apicella? A few, probably very few. Power of the smokescreen that the Italian politics raises when it feels in danger, of course with the complicity of newspapers and televisions.
In 2005, the deputy prosecutor of Catanzaro De Magistris began an investigation called Poseidon on the illegal use of a 200 million european aid in Calabria. The investigation ultimately involved a general of the finance guard adviser to the now Foreign minister Franco Frattini and his former secretary now MEP, Fabio Schettini, and Domenico Basile, a member of AN in Calabria, Udc secretary Lorenzo Cesa and also the subcommissioner for the environmental emergency in the region Calabria Giovanbattista Papello, at which house was also found illegal wiretapping of former Anas President with the Ds politicians Fassino and Folena. This investigation was subtracted from De Magistris by a prosecutor in Milan for alleged procedural irregularities, but OLAF, the EU anti-fraud agency, disputed a crime of Community fraud against Papello, Cesa and Schettini.
De Magistris then started in 2007 the Why not investigation, which involved politicians of Forza Italy, the DS and the then Minister of Justice Mastella. Only 4 months and the investigation was subtracted from De Magistris by Dolcino Favi, State Attorney General in Catanzaro, for alleged incompatibility. In the same year De Magistris started also the investigation called Toghe Lucane, which wanted to shed light on an alleged "business committee" composed of judges, businessmen and politicians of every party in Basilicata. The Minister of Justice Clemente Mastella asked the Superior Council of Magistracy to transfer De Magistris, for alleged irregularities in the handling of the case, but in April 2009, the GIP of Salerno Maria Teresa Belmonte has acquitted Luigi De Magistris (now resigned since months) for the charge of disclosure of confidential office and abuse of office in this investigation. Still, the investigation Why Not in April 2009, which according to many newspapers and many politicians had no foundation, went ahead with 98 claims of trial.
The so-called war between prosecutors instead started in December 2008 when the judges of Salerno searched the prosecutor offices of Catanzaro that for more than a year refused to send documents concerning the transfer of De Magistris. A search with legitimate reasons because the Salerno Prosecutor Office has the power to inquire into Catanzaro, that cannot do otherwise as soon after did. And so it's unjustifiable the decision of the Superior Council of Magistracy which in January 2009 has transferred some Salerno judges and suspended from office and salary the general prosecutor Luigi Apicella, even if the competent organ of the judiciary, the committee of review, had certified the lawfulness of Salerno magistrates actions. Incomprehensible even the decision of Cassation that on July 8 confirmed the disciplinary action and dismissed the appeals of the transferred judges.
So in the end two years after De Magistris has left the courts and entered into politics in one of the few Italians parties that have not tried to impede the work of judges. And Luigi Apicella in practice was forced to retire, and all he could do was expressing his disappointment with a letter, even for the behavior of Anm, that not intervened at all to defend him.
Unfortunately this story is proof that the italian judiciary, for years under the concerted attack of the political forces that cannot tolerate its existence as an independent power of the state, is now close to divest. In this country the honest judges who do their work are removed and slandered because their investigations touched too many exponents of the politics. Corruption in Italy is so obvious that if the judges dare to investigate it they are punished. Clean hands didn't change anything and now everything is back as it was before 1992. This story is a death knell for the Italian justice, but everything has fallen into silence. The granted silence of journalism paid by politics, and the sad silence of public opinion, more and more asleep and unaware. Hopes that this country can ever become a place where everyone will be equal before the law are now becoming impossible.
Francesco Defferrari
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