Accepted the filing request because “the fact does not exist” The judges of the court of ministers, all civil lawyers, therefore accepted the archiving request because “The fact does not exist”, thus marrying the line of the Brescia Public Prosecutor’s Office, which had raised a series of reasons and facts that have dismantled the accusatory hypothesis of the Bergamo colleagues. The panel’s decision came after the hearing behind closed doors on May 10, in which the lawyer of Conte Caterina Malavenda and the lawyers of Speranza, Giudo Calvi and Danilo Leva, had explained the reasons against the charges.
Total lack of evidence – There is no proof that the establishment of the red zone in Alzano Lombardo and Nembro could have avoided over 4,000 deaths in the Bergamo area and was ”
unreasonable” that was activated immediately due to the constitutional rights to be “evaluated and reconciled”. And then the causal link between the deaths and the absence of a measure to isolate the two municipalities is “a
mere theoretical hypothesis deprived of even the slightest response” as it is
unthinkable believe that, although from 2006, the pandemic plan was adequate to deal with the emergency situation which was “absolutely new” and which changed day by day, presenting an increasingly alarming picture.
Prosecutors of Bergamo and Crisanti disavowed – The prosecutors of Bergamo made use of one
big consultancy signed by
Andrea Crisantimicrobiologist and university professor, who rose to prominence during the emergency
deputy of the Pd. Beyond the jurisprudence with which it was established that “the crime of culpable omission cannot be configured as the law in question embraces only the conduct of those who intentionally or negligently spread pathogenic germs”, the panel considered That ”
the fact does not exist“. “First of all it must be said – it is written in the ordinance – that in the records
there is no evidence at all that the 57 people indicated in the indictment, who would have died due to the failure to extend the red zone, are among the 4,148 excess deaths that would not have occurred if it had been activated”.
Conte informed late of the situation in Lombardy – First, the ordinance reads,
Conte had not been informed: “It does not appear that Prime Minister Conte,
before March 2, 2020had been informed of the situation of the municipalities of Nembro and Alzano Lombardo” and is a ”
unreasonable assumption” to argue that “he should have decided on the establishment of the red zone” on the same day as it was necessary to “evaluate and reconcile the constitutional rights involved” such as those to work, movement, worship and study, as well as the problems of an economic and occupational nature.
Speranza could not intervene, it was up to the Region – With regard to the then Minister of Health Speranza, the judges underlined that not only was he “precluded from any interference” in the activity of the bureaucratic bodies which had the function of active administration, but “far from remaining inert, he adopted the health measures proposed to him by the experts he used, which moreover, at European level, have been among the most restrictive”. In short, the alleged ”
omissions and delays” challenged by the prosecutors of Bergamo do not exist and if anything ”
pertain to administrative tasksdistinct from ministerial functions of political orientation”.
Now it’s up to Fontana and Gallera – Now the Court of Ministers will have to evaluate the positions of the other suspects in competition with Conte and Speranza, including the
president of Lombardy Attilio Fontana and the former councilor
Julius Gallera. The first “trustfully awaits the definition of his procedural position” and the second will file a brief to ask to be archived.
Relatives of the victims: “A slap in the face” Disappointment and anger among the relatives of the victims of the Covin of the “Sereniesempreuniti” Association who speak of “a slap in the face to us and to the whole of Italy which deserves a more transparent political and justice system. We are intransigent with what the Public Prosecutor’s Office did of Brescia and by the Court of Ministers: the dismissal is a vilification of the memory of our family members, a gag, yet another in an Italy corroded by the code of silence against which we have always fought and will continue to do so in the offices that remain, like the civilian one.