Police competition, the seizure of the mobile phone annulled by the Supreme Court.
The judges of the fifth criminal section accepted the appeal presented by the lawyer Gaetano Aufierotrusted defender of Davide Mazza, against the order adopted by the judges of the Court of Review of Avellino with respect to the appeal against the seizure decree bis of mobile phone used by the candidate for a traffic policeman position in Avellino, blocked before the oral test in the Municipality by the Fiamme Gialle. An annulment without postponing it to a new evaluation by the Review, which in fact could also have effects on the documents that ended up in the maxi-file of the «Dolce vita» investigation.
The candidate’s defense already had raised the nullity of the documents which led to the new evidentiary measure, signed by prosecutor Vincenzo Toscano and carried out by the Guardia di Finanza soldiers. The magistrates of the Court of Review for real measures, in a different composition compared to the previous hearing (for which the annulment was triggered), or the panel chaired by judge Gianpiero Scarlato, had confirmed the seizure carried out by the military. The defense of the twenty-six year old candidate had already objected to the nullity of the documents that had led to the new provision of an evidentiary nature signed by prosecutor Vincenzo Toscano and carried out in the hours following the interruption of the test.
The profile of the nullity could therefore also have effects on one of the chapters linked to the investigation concerning the former mayor Festa. There are currently four suspects in the matter: the candidate Davide Mazzathe president of the commission, Filomena Smiragliaone of the commissioners, the former mayor of Avellino Gianluca Festa, and the deputy commander of the municipal police Domenico Sullo. According to the investigative hypotheses, Smiraglia and Sullo would have revealed the list of questions to the candidate, who would also have had it on his cell phone the questions that had been chosen by the commission, probably drawn up and chosen by the two members who ended up in the crosshairs. After the annulment without referral to the Review, a provision that has become very rare, the 26-year-old’s defender will present a request to the Avellino Prosecutor’s Office. «In the next few days – announces the criminal lawyer Aufiero – I will present the formal request for the Supreme Court’s sentence to be executed and for the data extrapolated from my client’s cell phone to be destroyed as a result». The nullity profile ordered by the Court of Cassation could therefore also have effects on one of the chapters linked to the investigation concerning the former mayor Festa. The investigation by the Prosecutor’s Office into the involvement of the municipal police represents one of the cornerstones of the accusations made against the former mayor of Avellino Festa who ended up under house arrest on 18 April. During the interrogation before the investigating judge Giulio Argenio, answering the questions of the public prosecutors Vincenzo Russo and Vincenzo Toscano, holders of the «Dolce vita» investigation, in the presence of his lawyers, Luigi Petrillo and Concetta Mari, he declared that «he had given a package to the young candidate as they were not questions relating to the following day’s competitionbut rather to questions downloaded from the internet, relating to a competition for traffic police carried out in Brindisi”.
