Chapter  V.01 - Preparing Appeal

In the text of the indictment, and precisely in the first 23 pages, in the supplementary 8 ones, and in the further 77 pages, the main points of the First instance were focalized to understand the facts and their proceeding :

1 – in the facts and proceeding : starting by Tiberti’s omissions and manipulations in the Verbal Trials, it was underlined the particle of the International Rogatory ; it was repeated again that I absolutely didn’t know Testa, and it was proved by "documents"; 2 – the penal qualification : it was underlined that Italian proceeding was at its preliminary phase, so the guilt declaration was groundless. He mentioned six previous cases of French jurisprudence. This happened to give coherence to a proceeding which had overlooked the principle of verifying a crime and/or a felony.

2.a the fraud : Starting from the astonishment of analyzing only 24 pages of the rogatory instead of 1,400 pages, a substantial and formal scarcity of the elements to define the facts emerged, it was clear that it was not a thorough investigation. Furthermore there are omissions and distortions in these "24 pages" : Pedretti’s declaration, W.M.O. etc…

2.b the fraud receiving: According to the scarcity of the documents, the First instance Appeal anticipated "motu proprio"  the penal qualification and it was not possible to ignore the derivation of the funds. After this point of view, the elements were pointed out, helped by the documentation. I repeated again that I didn’t know  Testa, I proved his total absence from the documentation of the Cabinet, from the banking documentation, and even the witnesses’ declarations proved what I declared. And there was also Mangione’s declaration to Sereni ; it pointed out that such declarations had been "intentionally omitted" in the previous trial.  According to Tiberti’s deep analysis of the Verbal Trials, something strange emerged such as an apocryphal signature, and the D.I.A.’s copy about Mangione, which was reported in its contrary. It was really a forgery. Mangione’s personal and economical personality was defined according to Magnarelli’s declaration. The several mistakes were analyzed step by step showing the facts’ truth through documentation, proving that such plan was against any economical reason.

In the integrative indictment, at the first point of the facts, it was a summary of motivations, at the II° point which was about the Court of Appeal, it was underlined    Curti and Tiberti’s importance of the texts. Curti’s contradictions which were disproved by J. Iotta, enough to doubt about her quality as witness. About Tiberti it was obvious his intellectual dishonesty and falsehood which emerged in the Verbal Trials through manipulation of proceeding was obvious ; from the Van de Corput’s first inquiry it was clearly deduced that I wasn’t involved in the facts and it emerged also in the opened proceeding in Rome. Furthermore there was also Lanza’s witness of the Banca del Gottardo, about his assiduity to denounce to the SICCFIN for legal operations, but omitted for the PACE Enterprises Ltd, according to the Trial D209, as Tiberti declared. It emerged also that the accounts weren’t handled by me, but by F. Frappi Poldini and G. Pastor, see D209 and D 174, a further falsehood. 

In the defensive memory, analyzing charges and defences, some real considerations about falsehood, manipulations based on suppositions were reported ; they were all discordant elements, to hide proof and responsibilities; it was a presentation of the various acts on the base of the rogatory and banking documentation.