The Prosecutor of Bergamo wanted to try the former premier Conte and the former minister Speranza for culpable epidemic and multiple manslaughter for having caused an excess of mortality of 4,148 people in the Bergamo area and having killed 57 in Val Seriana by omitting anti-Covid precautions (Speranza ) and the red zone in Alzano and Nembro (Conte and Speranza). Yesterday, as could be expected, the Court of Ministers of Brescia dismissed them because “the news of the crime is totally unfounded” with an order that everyone should read. Above all the jackals who, in the special parliamentary commission, are thinking of using the planetary tragedy of Covid for small political revenge. But it is good that a judicial verdict has been reached. To leave no room for suspicion and gray areas. And to make unprofessional magistrates understand (there are more and more of them) that hindsight is forbidden for historians, let alone prosecutors.
The investigation, with the advice of Crisanti, sought to ascertain how many deaths would have been avoided by belting Alzano and Nembro between 26 February and 2 March 2020. The judges, unlike the prosecutors, reconstructed that in that week “it is undisputed that the Region Lombardy had not communicated the seriousness of the epidemiological situation to the CTS” and neither Fontana & Gallera nor the CTS ever asked for the red zone. Only at 18 on 2 March did the CTS warn the premier of the alarm in Val Seriana and suggest restrictions. Conte “far from rejecting the idea” of the red zone “asked for more information” because “it was not even abstractly imaginable that he should establish the red zone on the spot”: he first had to “evaluate and reconcile the constitutional rights involved and engraved by the establishment of the red zone”, especially since the pandemic was now spreading everywhere and “the possibility of contracting the virus from infected people has never been excluded even within the red zones”. In addition to the legal errors of the Public Prosecutor’s Office (the crime of culpable epidemic by omission does not exist, nor does the causal link between political choices and deaths), the material ones are baffling: the judges discovered that, among the 57 dead killed by Conte and Speranza listed come on pm, there is a woman alive, who testified on May 8, 2020 and is now the offended party; another had already died on February 22, before the missed red zone period, ergo she can’t have died twice; 14 others had contracted the virus before February 26; two had become infected outside the Val Seriana; six we don’t even know if they had Covid. And for all 56 “the chain of contagion has remained unknown”. So the ordinance does not only certify that Conte and Speranza have not committed any crime. But it also teaches prosecutors how not to carry out investigations.
Source: Red area (and pencil) – Il Fatto Quotidiano
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