TARANTO – At 10.15 am the Court of Assizes of Appeal entered the courtroom, starting the second degree trial «Environment sold off». Celebrate it in Taranto or move it to Potenza. This is the first question on which the Court will have to express itself to start the new level of judgment on the poisonous emissions of the former Ilva which on 31 May 2021 led to numerous convictions against the Riva family, former owner of the factory, the managers and of some exponents of local and regional politics. President Antonio Del Coco, with the assistant judge Ugo Bassi and six lay judges, after having verified a series of procedural aspects and having constituted the thousands of parties involved, will have to express their opinion on the request formulated by the defenders of the main defendants in the maxi trial.
In particular, in the appeal signed by the defense of Fabio Riva, sentenced to 22 years in prison, the lawyer Luca Perrone, among the various objections to the decision of the first magistrates, also contains the request to transfer the trial to another location. An application already advanced in recent years and rejected by the judiciary. The defense’s thesis is that the judges of Taranto, even the professional and popular ones who issued the sentence, are to be considered as “offended parties”, that is, victims of the same crime they were called to judge. The defense highlighted how many of them live in the same neighborhoods as numerous victims who obtained compensation at first instance: this, according to the defense, demonstrates how the judges should be considered as subjects damaged by the emissions of the steel plant.
The defense also cited three cases of honorary magistrates who had appeared in the “sold-out environment” trial: one of them withdrew the request for compensation, but two instead continued. When the defense raised this situation in 2016, the Court rejected the request to transfer the trial, offering explanations for the two events. In one case he explained the defense request was irrelevant since the request for compensation had been presented in 2016 and the magistrate had ceased his honorary role in 2015, while for the second case it was irrelevant since the man had terminated his role in 2005.
A request that will evidently be opposed by the pool of prosecutors, made up of prosecutors Mariano Buccoliero, Giovanna Cannarile, Remo Epifani and Raffaele Graziano of the Taranto prosecutor’s office together with the attorney general Mario Barruffa. Furthermore, Fabio Riva’s defense argued that the first degree sentence «carried out a reconstruction of the Ilva affair that is in no way acceptable, if not surreal» which according to the professional from Taranto has a common thread that can be summarized in the accusation made against Riva: «you have not done nothing, if you did something you still did it late and with the aim of production and profit and not the protection of human health and the environment”. The lawyer also recalled the criminal proceedings in which Fabio Riva was accused before the court of Milan in which the accused was acquitted at various levels of judgement: on that occasion, the defense underlined, «the behaviors not only of Rag. Fabio Riva, but of the entire private management of the Ilva factory in Taranto, recognizing the crucial relevance of the huge investments made to improve the plants, which, here however, are still stubbornly denied or declassified in terms of importance, relevance and, above all, purpose”. In short, the new battle between prosecution and defense will immediately come to life.
IT RESUMES ON MAY 17TH
The Court of Assizes of Appeal presided over by Judge Antonio Del Coco has scheduled the hearings until the summer break of the Ambiente Svenduto trial linked to the alleged environmental disaster caused by the former Ilva. The next one is scheduled for May 17th at 10am. The bunker room of the old Court of Appeal of Taranto will host the hearings on Friday. The next ones will be on May 17th and 24th, June 7th, 14th, 21st and 28th and July 12th.
The Court intends to use the next four hearings for preliminary questions and requests for renewal of the investigation, «especially – Judge Del Coco specified – those which could define the judgement. You will have to explain to the lay judges – he added, addressing the defendants’ lawyers – your point of view and you will have prominence and space”.
Two further hearings will be dedicated to the replies of the civil parties and the public prosecution. Then the Court will have two weeks to express its opinion and also draw up the program for the resumption of the trial. At the next hearing the Court will decide on the requests for suspension of the provisional execution of the provisional orders against the parties.
DEFENSE RIVA DEPOSITS NEW DOCUMENTATION
in defense of the Rivas he presented new documentation in the first hearing of the appeal process linked to the Ambiente Svenduto investigation. In fact, the reasons for integration and IT supports were filed by the lawyer Pasquale Annicchiarico. The Court of Assizes of Appeal, after the parties’ replies, will decide on their admission at a future hearing. In the first instance, the highest sentences, 22 years and 20 years of imprisonment respectively, were inflicted on Fabio and Nicola Riva, former owners and directors of Ilva, who were charged with conspiracy to commit an environmental disaster, poisoning of food substances, to the intentional failure to take precautions in the workplace.
The former head of institutional relations Girolamo Archinà was sentenced to 21 years and 6 months, while the former director of the Taranto plant Luigi Capogrosso was sentenced to 21 years.
Three and a half years of imprisonment were inflicted (the prosecution’s request was 5 years) on the former president of the Puglia Region Nichi Vendola, who was charged with aggravated extortion in competition, since, according to the investigators’ theory, he had exerted pressure on the The then general director of Arpa Puglia, Giorgio Assennato (sentenced to 2 years for aiding and abetting), to “soften” the position of the Agency itself towards the harmful emissions produced by Ilva.
Some of the 38 defendants were present in the courtroom today (the position of Lanfranco Legnani, one of the trustees of the Riva family, who died in recent weeks, was eliminated). Among these, Assennato himself; Francesco Perli, administrative lawyer of the group; Antonio Colucci, former head of the Siderurgico operational logistics area; and Gianni Florido, former president of the Province of Taranto.
Compared to the first instance, there were 5 fewer defendants (they were acquitted) because no appeal was lodged against the former mayor of Taranto Ippazio Stefano, the then regional head of cabinet Francesco Manna, Dario Ticali president of the Aia ministerial commission of 2011, and two former trustees of the company, Giuseppe Casartelli and Cesare Corti.
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