ROVIGO – The new Public Prosecutor of Rovigo has decided to reopen the investigation regarding the complaint filed in March 2021 by Alberto Mario Magaraggia, brother of the deceased Giacomo and son of Roberto and the Rovigo doctor Lucia Picanza.
The affair, which has become an ordeal for the Magaraggia family, drags on from the day after the autopsy on the body of the young man, who died in the Rovigo emergency room almost two hours after his arrival.
The crime hypothesis for which the plaintiff, his brother and lawyer from Rovigo Alberto Magaraggia, has repeatedly requested to be investigated is that of defamation, due to the untruthful sentences contained in the clinical documentation of his deceased brother, of forgery, given that the documents were modified, and of a sort of misdirection carried out to avoid creating a fuss over an affair whose outlines were not at all clear, which is why the work of the Prosecutor’s Office was requested.
For their part, the family did everything and more to prevent the complaint from falling on deaf ears: from the statements made by their brother Alberto to the magistrate Valeria Motta, given that he was cited as the source of the false statements in the clinical documents, to the extra investigations carried out by the defense into the causes of death, which confirm death from pericarditis, upon his return to the Prosecutor’s Office in September 2021, to the 2022 hunger strike of his father Roberto Magaraggia (READ ARTICLE) who called for justice.
Only 24 hours after the communication of the start of Father Roberto’s extreme gesture of protest, the Court dismissed the complaint.
The work therefore begins to propose an opposition to the dismissal decree with the lawyer. Gianni Morrone of Padua (READ ARTICLE), a hearing is scheduled in front of the investigating judge for spring 2023, who however does not express his opinion immediately, but communicates the confirmation of the dismissal in December 2023 (READ ARTICLE).
Thus begins the civil and composed protest of Giacomo’s parents in front of the Rovigo Court, every day, to demand justice. The solidarity of the citizens arrives, on a rainy day and finally, in recent weeks, the reopening of the investigations.
“An internal action that we believe is aimed at respecting the Judiciary, after a dismissal resulting from zero investigations and omissions which dragged on until the investigating judge – says Giacomo’s father, Roberto Magaraggia, with tears in his eyes – A serious procedural flaw, which it affected the court, as confirmed to us by important magistrates, inflicting further atrocious pain on our family after the death of our son Giacomo.
The complaint was detailed and contained impeccable facts. Stopped in the bud, before formalizing it, by the behavior of some members of the Ulss 5 company, who did not deliver the documentation to be presented. With cancellations, replacements of documents, incomplete documents and more.
Perhaps they were and are in the belief that, being left undisturbed by the judiciary, they are free to vary, cancel and concoct falsehoods.
We are talking about public officials and public documents. Not having immediately identified the author of the infamy, and not having ascertained it, was like authorizing it.
We would like to see parents, be they magistrates, doctors, workers or employees passively accept a similar situation. Alberto, a lawyer, was smeared with defamatory and false sentences that he had never uttered in the world.
Justice delayed is justice denied, Montesquieu argued. Probably and finally there will now be people who will cross the door on Via Verdi for the first time. Among these we believe an important witness, such as Giacomo and Alberto’s mother. Everything will, we hope, be examined in broad daylight, under the control of a magistrate, such as the prosecutor, who has exercised a power, or rather a duty.
Now it is up to extra time and the magistrates to identify who is telling the truth and who is not. Everyone can make mistakes, doctors, magistrates, citizens. The remedy can only be achieved by operating with the ethics that rebalance, at least in part, the disesteem that 70% of Italians have for magistrates” states Roberto Magaraggia together with his wife Lucia Picanza who had also raised public awareness through video messages and a book dedicated to the beloved missing son (READ ARTICLE).
