The latest blunder by the Florence public prosecutors: the Graviano transcripts have not been filed

In its eagerness to turn the defamation case against Salvatore Baiardo into a Mafia trial against Silvio Berlusconi and Marcello Dell’Utri, the Florence Public Prosecutor’s Office forgot to include in the case file the statements of the prosecution’s key witness: Giuseppe Graviano. The prosecutors’ attention is, in fact, entirely focused on the ‘revelations’ that Graviano has made (and which he would like to expand upon) regarding the alleged links between Cosa Nostra and Berlusconi. What happened yesterday in Florence is nothing short of incredible.

Graviano is connected via video link, ready to give evidence as a witness. Before the prosecutor, Lorenzo Gestri, begins his questioning, however, there is a surprise. Listening to the opening remarks made by the prosecutor when addressing Graviano, Riccardo Ventrella, Baiardo’s defence lawyer, realises that Graviano had already been interviewed by the Florence Public Prosecutor’s Office during the investigation. There are therefore transcripts of his statements, but those transcripts are not included in the file submitted by the prosecutor at the preliminary hearing. The defence had never been made aware of them.

The prosecutors deny this, claiming they have filed the minutes. A tragicomic episode ensues. The hearing is adjourned; the prosecutors go to the registry to check, then return to the courtroom and admit: the minutes do exist, but they were not included in the prosecution file. The presiding judge, Anna Favi, has it recorded in the minutes that, according to the prosecutor, it was a “mere oversight in the compilation of the prosecution file for the preliminary hearing”.

A mix-up which, fortunately, was discovered before Graviano took the stand. Because if Graviano had said something in court that differed from what he had stated during the investigation, the defence would not have been able to challenge him on anything. Without knowing his previous statements, the cross-examination would have started with one hand tied behind their back.

As a result, the major hearing with Graviano has been cancelled. The hearing has been postponed until 2 October. In the meantime, the defence will finally be able to read the minutes, which should already have been made available to them.

For months now, the Baiardo trial has provided a new opportunity to bring the issue of the alleged links between Berlusconi, Dell’Utri and Cosa Nostra back into the courtroom. Graviano has been presented as the key figure in potential new ‘revelations’, despite his credibility having been called into question in other court proceedings. And just as attention is focused on his words, the prosecution has neglected to include in the case file the statements made to the magistrates by Graviano – who, incidentally, is the only witness to have known Baiardo personally.

By focusing on yet another anti-Mafia spectacle staged for the cameras, the Florentine magistrates ended up overlooking the most important piece of evidence: the statement of the only witness who matters. More than a mere oversight, this is yet another example of how the pursuit of a major media story ends up diverting attention away from safeguarding due process.