Adnkronos Caltanissetta, 7 Nov. (Adnkronos) – "The Presidency of the Council cannot be called as a civil liability because there are no members of the Presidency of the Council, there are no workers, there is no organic connection of identification. Article 538 of the Code of Criminal Procedure imposes the joint conviction of the civil liability only when there is a defendant whose activity can be referred to civil liability. The summons must be considered null and void due to lack of requirements". This was stated by the lawyer Giuseppe La Spina, representing the Presidency of the Council and the Ministry of the Interior, during the preliminary hearing, in Caltanissetta, of the proceedings against 4 police officers accused of obstructing the investigation into the massacre of via D'Amelio. The lawyer also requested the exclusion of civil liability of the Ministry of the Interior.
The judge for the preliminary hearings of the Court of Caltanissetta, David Salvucci, instead cited in the last hearing the Presidency of the Council and the Ministry of the Interior as civilly responsible. In the context of a section of the investigation into the cover-up, in the preliminary hearing, Borsellino's children, Manfredi, Lucia and Fiammetta, represented by the lawyers Vincenzo Greco and Fabio Trizzino, joined as civil parties. However, all the other requests for civil parties advanced by the relatives of the victims of the massacre of via D'Amelio, by the policeman Antonio Vullo, the only survivor of the massacre, and by Salvatore Borsellino, the brother of the judge, were rejected.
The defendants are the agents Giuseppe Di Gangi, Vincenzo Maniscaldi, Angelo Tedesco and Maurizio Zerilli, former members of the “Falcone Borsellino” investigative team, defended by the lawyers Giuseppe Panepinto, Giuseppe Seminara and Maria Giambra. The defendants are all present in the courtroom. "The functions of the Judicial Police are subordinate to the office of the Public Prosecutor. I am filing the documentation of the decrees establishing the Falcone and Borsellino Group, the first decree states that it is an ad hoc body that will have judicial police functions". For the civil party lawyer, Fabio Trizzino, who represents the children of judge Borsellino, however, the Presidency of the Council "is civilly liable". "The factual substratum of the contested conduct refers to the performance of the functions. We insist on our requests", added the lawyer Trizzino. It will be the preliminary hearing judge Salvucci, who has retired to the council chamber, who will decide whether to accept the requests of the lawyer La Spina.
