“He’s a lawyer, he can’t have made a mistake” – Corriere.it

Andrea Delmastro Delle Vedove, deputy of Fratelli d’Italia, a lawyer specializing in criminal law with the position of undersecretary of justice. A profile that prevents you from assume an excusable mistake in having reported to Giovanni Donzelli, also a deputy of the Brothers of Italy and vice president of Copasir, the talks of the anarchist Alfredo Cospito, detained under the 41 bis regime at the Bancali prison in Sassari, held with Francesco Di Maio and Francesco Presta, boss of organized crime. the main reason that convinced the judge for preliminary investigations Emanuela Attura to order the compulsory indictment against the government representative – rejecting the request for dismissal of the Public Prosecutor’s Office – with the accusation of disclosure of official secrecy for what was said to Donzelli on January 30th. In fact, the following day Donzelli used them in the Chamber to attack four MPs from the Democratic Party who had visited Cospito in prison.

The investigating judge clarifies that Donzelli should not have known about those talks because they are contained in two reports sent, via the Calliope network, by the director of the Dap (the prison administration department) Giovanni Russo, to Delmastro, at the request of the deputy, with the wording “limited disclosure”. Wording with an unequivocal meaning, according to Russo: The addressee, who receives a report through these methods, must keep the news secret, specified the head of the Dap in an interrogation, before the investigators, cited by the investigating judge in the provision with which he ordered the forced indictment and considered a decisive element in the affair.

The investigating judge explains that any error in his interpretation of the extra criminal law, a necessary prerequisite for determining the exclusion of punishability, must originate from an excusable error. But an excusable mistake is difficult to conceive – he remarks – for someone who, like Delmastro, is a lawyer, specialized in criminal law, as well as an undersecretary. The conclusions of the investigating judge dismantle, at least in this phase, the prosecutor’s thesis according to which the complex identification of the effects of the Dap circular and the laborious reconstruction of the extra-criminal regulatory system lead us not to exclude the existence of an error by the deputy. When questioned by the investigators, he said he was certain that the wording with limited disclosure concerned the Dap chain, but not the political decision-maker, who has full ownership of the data, if not secret.

During questioning before prosecutors Delmastro assured that he had only reported verbally to Donzelli, thanks to my excellent memory, those passages of the interceptions in two interlocutions and during the conversations Donzelli took notes. Now it will be a investigating judge who will determine whether the investigation should be closed or if instead the undersecretary should be tried.

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