Prosecutor Ferrando will go to the Review, in the meantime the complaints for the police arrive. Two bars in Pont-Saint-Martin seized
CHIVASSO. Twenty-six days after the preventive seizure of May 6, 2021 and 19 after the appeal presented by the lawyer Alessandro Fusillo of Rome, the Turin Review Court has set a date to discuss the request for revocation of the preventive seizure of the Torteria di Chivasso. To defend the need to maintain the precautionary measure will be the chief prosecutor of Ivrea Giuseppe Ferrando.
In the meantime, two bars in Pont-Saint-Martin that had joined the #Ioapro Piemonte initiative of the Confederation for joint enterprises were released from the judicial authorities after almost four months of door seals. They are the Bivio bar and the Lys bar, only the first has announced the reopening for Saturday 29. “Unfortunately, the Lys bar will not reopen – explains the lawyer Michele Stravato, who defends the owners together with his colleague Lorenzo Nannelli -. However, these are cases that are profoundly different from that of the Torteria, which I personally would not have defended ».
the cases of the bars of pont-saint-martin
The two proceedings are practically twins. Katia Bertero and Francesca Pistono, owners of the two bars, were both reached by two measures by the President of the Region (who also acts as prefect) closing the premises for 30 days, last February 3, which arrived after more than one sanction by the Carabinieri of Donnas for the opening in the red zone. On February 12, after about a week of disobeying the provision, the preventive seizure of the two premises also arrived at the request of the prosecutor Francesco Pizzato. Unlike the Torteria, however, the disputed crime is not a repeated non-compliance with the provisions of the authority, but the royal decree of 1934 that punishes those who do not comply with an order given to prevent the invasion or spread of an infectious disease. for man. Precisely for this crime, the two barmaids are charged in a proceeding which will still be long and which will take place at the Court of Aosta.
The investigating judge Giuseppe Colazingari decided to release the two premises, with the positive opinion of the prosecutor, only on May 26, after multiple requests from the #Ioapro lawyers. This is because the Valle d’Aosta has meanwhile passed into the yellow zone and the bars are all open. The danger for the epidemiological picture is thus eliminated. “Also because my clients – explains the lawyer Stravato – have always respected all health protocols: masks, spacing, everything”. Not only that, emphasizes the lawyer Stravato, who has never been recognized “the state of necessity provided for by the criminal code”. A rule that states that “whoever has committed the act for having been forced by the need to save himself or others from the current danger of serious harm to the person, a danger not voluntarily caused by him, nor otherwise avoidable, is not punishable, provided that the fact is proportionate to the danger “. In addition, Stravato adds, “we will raise the question of the constitutional legitimacy of the Dpcm in the appropriate fora”.
the case of the torteria
What will be staged in front of the Review on June 1st, therefore, is a completely different case. First of all because Rosanna Spatari, the owner of the Torteria, has never implemented any of the health protocols.
She and her followers have repeatedly addressed as “masked”, those who respected the anti Covid rules, denied the existence of the pandemic in multiple public videos and, moreover, gave rise to real gatherings in front of and inside the club , in the red zone, without wearing masks or taking the precautions that, in the meantime, all the others respected.
Furthermore, the preventive seizure took place due to the failure to comply with three closure measures ordered by the municipal police, carabinieri and prefect and because Spatari had publicly declared that he would never respect any of them.
His lawyer will question the legitimacy of the provision. Some participants in disobedient aperitifs also denounced members of the police. A protracted battle in the judicial offices is therefore expected. If you follow the same route as the bars in Pont, the Torteria will sooner or later also be released from seizure, but when the danger will cease.