COSENZA An interception between a lawyer from Cosenza and his client ends up in the thick of the investigation “Recovery“, coordinated by the Catanzaro DDA against drug trafficking in Cosenza. The Criminal Chamber of Cosenza, with a statement, mentions the episode and expresses solidarity with the lawyer.
The note from the Criminal Chamber
«The interception between lawyer and client: an act unworthy of a democratic country. The atavistic vice of a certain investigative judiciary: intercepting and using conversations between the lawyer and his client in criminal proceedings. The latest case was reported to us by the lawyer Gianpiero Calabrese, who, in the documents of a certain proceeding, read the transcripts of professional sessions he held with one of his clients and eccentrically commented on by the judicial police. Lawyer Calabrese addressed the formal request for censure to the General and District Attorney’s Offices as well as to the Chief of Police; any assessment of merit is therefore left to the resulting administrative procedure. But we cannot remain silent. It must be said and denounced, loudly, that listening to a conversation between a lawyer and a client is an act unworthy of a democratic country. The law provides for the unusability of such listening and – despite the jurisprudence having established a conditional possibility – the judiciary should be unanimously refractory to the rule of “first listen and then see”. The problem is entirely cultural and derives from a distorted and ignorant conception of the Toga which still survives today in some judicial fields and which attempts to make the Bar appear socially as an accomplice to the crime rather than a guardian and guardian of the law. This is all intolerable! The judiciary and the judicial police must always keep in mind that the defender’s prerogatives – if they cannot be translated into a guarantee of immunity – must not be transformed into a source of suspicion of the legal profession, because the culture of the jurisdiction It does not belong only to prosecutors and judges, but it is, by Constitution, the essence of the liberal culture of the Bar.
Unconditional solidarity with the Toga of the lawyer Gianpiero Calabrese.”
The letter from the lawyer Calabrese
The lawyer Gianpiero Calabrese writes a letter addressed to the Attorney General at the Court of Appeal of Catanzaro, to the Chief of Police and to the Prosecutor of the Republic of Catanzaro. In the letter, the subject is the request for censorship against the doctor. Fabio Catalano and Dr. Angelo Paduano, former leaders of the Flying Squad at the Cosenza Police Headquarters. «On 6 June 2024 some colleagues warned me that during the reading of the documents contained in the file of the Public Prosecutor’s Office of Catanzaro (Recovery operation) they had been able to note the presence of a sub-file within which there
they were PG’s notes regarding my clients (brothers Mario and Candido
Perri) and my person. Colleagues informed me of the seriousness of some comments reported on the notes written by the (then) two officials of the State Police, former managers of the Flying Squad of the Cosenza Police Headquarters. Surprised and astounded above all because these “comments” came from two managers of the Flying Squad of the Cosenza Police Headquarters and given the great trust and admiration I have for this administration, I did not imagine and believed what was reported to me possible.” This is the incipit of the letter. The lawyer continues. «I have been working as a lawyer for over 26 years, and something like this has never happened to me, in fact in the past (last Rango/Zingari operation) from the investigation documents of the prosecution. pen. it emerged that the undersigned Lawyer had been “attended” by a certain criminal for not having complied with some requests that were prejudicial to his client”.
The comments on the interceptions
The lawyer then focuses on the comment on the note on the telephone interception under discussion. «I don’t know where Dr. Catalano finds in the wiretap between the undersigned and his clients a behavior or advice “evidently contrary to forensic ethics” (…) It is not clear from the wiretap where and how such “ethically incorrect” behavior would have occurred, unless we proceed with a distorted and prejudiced “reading”. From what the lawyer writes, Paduano, like Catalano, underlined the “friendly tone” of the conversation between the lawyer and his client. «Perri Mario contacted the Calabrese with the sole purpose of obtaining advice again, always under a friendly profile, regarding the best behavior to adopt in the future … the Calabrese suggested to Perri some answers, which were evidently mendacious …». This is Paduano’s note reported in the letter signed by the lawyer Calabrese. He who responds by claiming that what was noted “does not correspond to the expected truth that no suggestion of false answers were given to Perri Mario, but only legitimate considerations, questions and hypotheses”. And again, «the undersigned told the client, Perri Mario, if he was heard by the Police, to tell the truth only the truth: “tell the truth”». For these reasons, the lawyer asks “to take and issue the appropriate and necessary censorship measures”. (fb)
Corriere della Calabria is also on WhatsApp. Enough click here to subscribe to the channel and always be updated
