From the book "Berlusconi, inquiry about Mr. TV" ed. KAOS First Edition February 1994 Copyright 1994 Kaos Edizioni Milano
"Berlusconi - Inquiry into Mr TV"
written by Giovanni Ruggeri and Mario Guarino
"The real power lies in the hands of the owners of mass media"
Licio Gelli
'There is a big difference between Berlusconi who speaks and what does "
Indro Montanelli
Abstract
This book - now in its second edition, carefully detailed and updated after the troubled first edition of March 1987 - would never have come out, because the character that it 's biographer, said the war before it was published and during and after its publication.
The first attack of Berlusconi in this book 'was launched when it was not yet published. On 25 and 26 September 1986, the newspaper Il Mattino published a survey in two episodes of the journalist Roberto Napoletano Who will be entitled 'the master of Berlusconi?; Napoletano had interviewed among others, Marco Borsa (then director of "Italy Today") and John Ruggeri, such as "experts" on the ambiguous Berlusconi: The topics covered ranged from the fellowship of the Knight with the Venerable Master piduista Gelli, credit for payments that banks led by piduisti had at the time granted to Fininvest by the contentious and more 'dark side' building adventure "of the first Berlusconi, his reckless dealings with the recruiter talked Flavio Carboni, the huge debts of the Fininvest group, the fiasco of" La Cinq "in France, and so on. The Knights responded with an angry letter to the newspaper, demanding the publication of a mileage correction, in which he wrote: "All the allegations that the service of" Morning "would materially derived from this impending work (soon to be published by Editori Riuniti [the reference and 'our future book, quoted in the article, author's note]) are absolutely false ", and followed his objections articulated in 18 points each of which began with "It 's true that ...".
" The Morning "replied confirming all the news published in the investigation of his left. At that point, Berlusconi sued
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director Pasquale Grandpa, and the' sent Roberto Napoletano, as well ', "others who had contributed to the offense, and that means' also Giovanni Ruggeri and Mario Guarino (we were just completing the" impending work "mentioned by Knight).
But the investigating judge of the Court of Naples will establish 'the unfounded allegations of Berlusconi, signing the order for filing his lawsuit.
The release of our book, "Berlusconi. Inquiry into Mr. TV" was scheduled for later in October 1986, at the Editori Riuniti (with whom we had entered into legal contracts), but the survey published by the "Morning" and the controversy that they were followed had caused unspecified 'difficulties' technical 'by Editori Riuniti - the publisher that the book is in fact postponed from month to month (it will be' published until March 1987).
The reasons of the "difficulties' technical 'camp by Editori Riuniti emerge some years later, that' in September 1993 under the judicial inquiry into "clean hands". The deputy prosecutor Tiziana Parenti, questioning Flavio Di Lenardo (publishing entrepreneur, former 'member of Ecolibri - Company' linked to Editori Riuniti), will learn 'of "reckless maneuvers attempted by Silvio Berlusconi to block the publication of a biography dedicated to his Broadcasting" (1). Di Lenardo Relatives told the court he had learned Advocate Bruno Pelosi (at the time of Editori Riuniti CEO) of a furious Berlusconi, who alternated between threats and advances, "Pelosi told me that Fedele Confalonieri try 'to avoid in all ways the output of the volume 'cause, he told the start of the ascent of Berlusconi ... The right arm of the owner of Fininvest arrival 'to even suggest the purchase of Editori Riuniti, but not to see that book for sale "(2)," The attempts were accompanied by offers of money ". (3) The declarations of Lenardo are taken from newspapers, "Future" writes: "The book 'the famous (and now unavailable)" Inquiry into Mr Berlusconi's TV ", co-written by journalists Giovanni Ruggeri and Mario Guarino. The fact that emerged two days ago, now seems to have become a national case. One of
(1) "The European, September 20, 1993.
(2) "The Messenger", September 9, 1993.
(3) "Corriere della Sera, September 9, 1993.
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two authors, John Ruggeri says: "To prevent the release of the biography at the Editori Riuniti, Berlusconi did everything. One day he appeared 'a close associate of Confalonieri and offered me' a blank check in exchange for rights to the book "" (4).
As we reported more 'times publicly (without receiving a complaint) in February '87 we had called Fedele Confalonieri at Rusconi Editore (which worked) and asked to meet "to find a Agreement ", although 'we had rejected the offer, we send' an official in the office of Fininvest Roncucci Sergio, who, displaying a check book, he told us:" We buy us your book, sight unseen. The number you write you ...", and had even spread of a possible assignment to "TV smiles and songs" ...
During his deposition to the court Parenti, Flavio Di Lenardo also said: "The book came out ' equally, and Berlusconi lawsuit 'society' publisher. But 'the lawsuit back' when Berlusconi made a big deal in the Soviet Union concerning advertising contracts "(5). Indeed, Fininvest has obtained the exclusive advertising sales for Western companies is intended to Soviet TV listings: Di Lenardo assumed, based on the alleged confidences made to him by Pelosi, the deal has been favored by Editori Riuniti (publishing house subsidiary dal Pci), e che in cambio Berlusconi abbia tra l'altro rimesso una sua querela.
Fatto e' che, finalmente edito nel marzo 1987, "Berlusconi. Inchiesta sul signor Tv" andava esaurito in pochi giorni. Una immediata ristampa (aprile '87) esauriva la tiratura in tre settimane. Benche'‚ il successo di vendite fosse comprensibile ed evidente, forte era il sospetto che parte della tiratura fosse stata sottoposta a una sistematica opera di "rastrellamento" da parte di "mani ignote".
Non essendo riuscito a impedirne la pubblicazione, Berlusconi tentava comunque di condannare il libro all'anonimato. Alla sua uscita nelle librerie (20 marzo 1987), subito il gruppo Fininvest diramava un comunicato minacciando azioni legali a carico degli autori ("colpevoli" di attentare alla reputazione di Berlusconi) e contro "gli organi di stampa e d'informazione che in qualunque forma e a qualunque titolo diano risalto al libro in questione".
Ma il Consiglio dell'Ordine dei giornalisti della Lombardia respingeva
(4) "Avvenire", 10 settembre 1993.
(5) "la Repubblica", 9 settembre 1993.
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"l'intimidazione preventiva e generalizzata della Fininvest", e in un suo comunicato intitolato L'Ordine sull'intimidazione della Fininvest alla stampa dichiarava: "Presa conoscenza del comunicato diffuso dalla Fininvest Comunicazioni dopo la pubblicazione del volume-pamphlet dedicato a Silvio Berlusconi dai giornalisti Giovanni Ruggeri Mario Guarino and the types of Editori Riuniti, the Order of Journalists of Lombardy reject the manifest inadmissibility 'intimidation preventive and general revolt in the same statement to the press and information in any form and any title will underline book in question ".
The controversy Fininvest-Association of Journalists of Lombardy was registered with accents in newspapers critical of the arrogant intimidation Fininvest, he wrote such as" the Republic ":
" Maybe too many trips abroad have given him the head. By the time Craxi wanted to expel the correspondent of "Le Monde" from Rome, had not seen anything more 'foolish and, ultimately, even self-destructive "; and "La Notte": "The book, written by journalists Giovanni Ruggeri and Mario Guarino, has sent in his beast Broadcasting pushing the recess move, regarded as an unacceptable attempt at censorship."
But - how and 'know - and Berlusconi' a tenacious kind, and therefore "circumvent" the Order of the press reporters by personally contacting some newspaper editors. For example, the late Peter Giorgianni, director of "La Notte", who told us the following call from your Issuer: "Director, speaking of that book and she '... I played my estimation reduces the poverty '", and Giorgianni," Can not': they are already 'poor ...".
Afterwards', starts on the offensive legale. Il 12 maggio 1987, Berlusconi presenta due querele alla Procura della Repubblica presso il Tribunale di Milano, alle quali fara' seguire anche la costituzione di parte civile "per il risarcimento dei danni patrimoniali e non patrimoniali tutti". Il potentissimo "Sua Emittenza" (sodale del potentissimo presidente del Consiglio Bettino Craxi) si ritiene diffamato dal contenuto di due interviste che gli autori di "Berlusconi Inchiesta sul signor Tv" hanno rilasciato, in occasione dell'uscita del libro, a "l'Unita'" e a "La Notte". Per il servizio apparso sul quotidiano del Pci il 28 marzo 1987, la querela berlusconiana coinvolge, oltre agli intervistati, l'estensore dell'articolo Francesco Bucchieri, e - limitatamente alla questione of "'failed to control" - the director of the Communist daily Giancarlo Bosetti. The plaintiff complains that an illustrious interview
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has affirmed the existence of criminal proceedings against him for crimes currency, also laments the pace of the interview which outlines his empire as a "Harder They Fall" consists of "Chinese boxes" are often empty .
The complaint of 28 March 1987 on the article published by "La Notte" March 20, and 'sport for "aggravated defamation by the use of the press and by the designation of certain facts (to have a process hanging for crimes currency). "
It reads: "On the number of the newspaper" La Notte " del 20 marzo 1987 appariva in prima pagina e a caratteri cubitali il titolo annunciante un Libro-bomba su Berlusconi. Nel sottotitolo si specificava, tra l'altro, essere il libro il risultato di una "lunga indagine che mette a fuoco gli interessi di Berlusconi con le loro luci e le loro ombre". Il tutto, corredato da una foto "a mezzo busto" del sottoscritto e dal rinvio "a pag. 3"". Il testo della querela prosegue citando brani della nostra intervista (""Dal nostro libro saltano fuori cose spiacevoli: fallimenti, societa' ombra, mafia bianca, Ciancimino, Calvi, Gelli""); dopodiche'‚ il megaeditore craxiano e piduista argomenta: "Il testo dell'intervista e' tale da far ritenere che tutto questo ben di Dio [cioe' fallimenti, Company 'shadow mafia white Ciancimino, Gelli Calvi's note] is placed in the book "dependent" of yours. For the truth ', not' precisely so ', because' the book 'built from the point of view of defamation, in a more' subtle but more 'prudent ... The interview and instead 'more' brutal, in terms of methodology defamatory: going down 'hard and direct,' cause, the "bad things" must mean the involvement of Berlusconi in the table above [and that means' failures Company 'shadow mafia white Ciancimino, Gelli Calvi's note]. "But the complaint lodged by former palazzinari affiliated with the P2 Lodge reserve a final" twist ":" ... And here's the surprise: columnist and the 'nothing less the same director of the newspaper "La Notte" Peter Giorgianni, apparently acting suspicious in sync with his publisher, Rusconi, and it' already 'being sued by me for another interview given to a weekly newspaper in the same amount of time that was published in the article above. Ruggeri, and Guarino are also journalists from home Rusconi.
Berlusconi therefore considers that the "rusconiani" have hatched a "strategy of vilification" against her, as claimed in the lawsuit, but later will change 'idea and transmit' the suit sports Paid Edilio Rusconi. Replace battery 'is also the lawsuit against Peter Giorgianni, who was sued both as drafter of the article, both in his capacity as editor of "The
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Night" (Giorgianni will 'consequently invited to dinner at the villa in Arcore, and when the reporter leave' the direction of "La Notte "will be the 'appointed director of the magazine's publisher Silvio Berlusconi" Telepiu' "), but the" allegedly defamed "expressly asks that the effect of remission of the lawsuit against Giorgianni does not extend to the other two defendants, and that means' Ruggeri, and Guarino to: Director forgives him, but "those two" wants them to jail ...
However, the Tribunal (chaired by George Caimmi, judge rapporteur Fabio De Pasquale) and 'a different view. "The request of the plaintiff," si legge nella sentenza del 27 aprile 1988, "deve giudicarsi quantomeno singolare. A fondare l'effetto estensivo basterebbe infatti il rilievo dell'unicita' dei fatti contestati". Il Tribunale dichiara dunque il non luogo a procedere nei confronti di tutti i querelati, e condanna Berlusconi al pagamento delle spese processuali.
Stessa sorte subisce, l'anno dopo, la querela relativa all'intervista pubblicata da "l'Unita'". Berlusconi la rimette, e con sentenza del 20 novembre 1989 il Tribunale (presidente Paolo Carfi', giudici Fabio De Pasquale e Claudio Gittaredi) gli accolla le spese del procedimento. Secondo alcuni, la querela che stando alla deposizione del Di Lenardo sarebbe stata rimessa quando "Berlusconi fece un grosso affare pubblicitario in the Soviet Union "would be his last.
Berlusconi leans another complaint at our expense for further interview published by the weekly magazine" Epoca "(6). The reporter had transcribed Carlo Verdelli in the number of" period "of 26 March 1987, the interview-interview he had with us about the just-published book. The topics of the interview had been anticipated by the edition of "The Night of 20 March, Berlusconi was aware of this particular (" what to " The Night 'and' interview ... in second place, "points out in her own complaint), and therefore the" alleged defamation "was contained in two publications: and yet, the plaintiff remitted the only complaint against de "La Notte", while confirming that a "period". Sara 'this apparent contradiction, this discrepancy was legally inadmissible', marking the final defeat of the Knights, after a court battle lasting years and fought in all three sets of proceedings until the Supreme Court.
(6) mentioned that the weekly Mondadori, at the material time in question, had not yet joined the Berlusconi empire.
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Berlusconi sue them for the article "Age" May 12, 1987. The trial was held in the autumn of 1988 at the Criminal Court of Verona, responsible for the area (as "Age" was printed in that city '). Charged with defamation aggravated by the press were the usual Ruggeri and Guarino, Mr Carlo Verdelli, and "not being checked," the editor of the weekly Alberto Statera (7).
The story deserves to be followed by the text of the ruling dated Nov. 16, 1988 Criminal Court (President Mario Resta, assessors Drummer John Peter and John Pascucci, extender): "He complained, in particular in the lawsuit, The Berlusconi of two pieces in that article.
.. First thought defamatory article if, after the authors had explained why ', the choice of publisher Editori Riuniti ("We chose the publisher of the PCI 'cause we liked them a necklace, White papers, that the public indictments of the judges involved in the processes more 'important mafia, Sindona, Bologna massacre "), with a bold approach and in response to the question that naturally arises of how Berlusconi had to do with with the process , reported verbatim as stated by the authors of the book "a pending criminal proceedings had it too: since 1983, for crimes committed with currency Flavio Carboni. It is a story well known but little can be seen, unquestionably, the report of the Parliamentary Commission on the P2. "Grossly defamatory Secondly, in the opinion of the plaintiff, was considered in the next sentence is also reported as a textual statement of the authors the book: "In our book on Berlusconi unpleasant things jump out: bankruptcy, corporate 'shadow, the white mob, Ciancimino, Calvi, Gelli" It [...]". from' the beginning of the hearing stage if we charged we immediately made it clear that Carlo Verdelli had faithfully reported our statements, and that the news of the criminal proceedings against Berlusconi was later proved unfounded. In fact, in criminal proceedings which we had reported were attributed to the recruiter Flavio Carboni and his right arm Emilio pelicans, and deposing before the Commission of Inquiry into the P2 lodge, had pelicans Berlusconi also called into question: it was a call to run ', so much' true that the recruiter on 19 July 1984 had initiated civil proceedings against Berlusconi demanding
(7) As soon as Berlusconi will acquire 'Mondadori, Statera will be' raised from the direction of "Epoch".
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repayment of 545 million that it spent on its behalf and in his name and asking to be "harmless from any consequences related to him and to be derived from criminal proceedings pending before the Public Prosecutor in Trieste", this was known as at the time of our book and interview on "Period."
While the Court of Verona was in the process for the complaint of Mr Berlusconi, who did not know yet October 6, 1988, the First Civil Chamber of the Court of Milan, presided over by Judge Diego Curto ' (8), had rejected calls for Pelicans (and it 'strange that Berlusconi has decided not to inform the Court of Verona's ruling favorable to him and hostile to Pelicans - but maybe more' odd and even 'the substance of the sentence .. ..)
In the first edition of our book on page 102, we wrote: "Pelicans claims that this process of exchange that would see for crimes involving, in addition to the two companies 'of carbon, Silvio Berlusconi. If this' Pelicans that contention were true, that would mean going against Berlusconi (1983) a criminal case. There is 'permitted to dwell further on this point and depth since', take the crime of breach of secrecy investigation "; Verdelli colleague could not have said more - the avoidance of doubt, we had requested to refer to page 102 of the book, and he had written on time, even with the inevitable imprecision of synthesis too cursory.
The first of the trial in Verona was held September 27, 1988, but in the meantime occurred relevant new information. The process of investigation in Trieste pending against the duo-Carbon pelicans had landed in the courtroom for the public hearing, and then fell to the secret investigation, having examined the trial papers, we have seen that Berlusconi was not among the indicted, a fact which immediately declared it open in the process of Verona.
The ruling will give us' file: "Ruggeri said to have been able to establish the invalidity of the news lately ... but what other elements were in possession of the book's authors on that information?
It is derived from memory now produced Ruggeri signature: "But where prudence, a sense of proportion, caution in dealing with such matters are to be exercised to the maximum and we 'about the deal Calderugia-Nova Nuraghe. The two companies '- foreign law - had large building sites in Sardinia,
(8) On the singular coincidence occurred between corrupt Diego Curto court', Berlusconi and Fininvest, cf. p.. 221-22.
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Carboni and Berlusconi to target acquired land to completion, in company 'with each other, the mammoth project of tourist resort known as Olbia 2 ... Cav. Berlusconi said he had never heard of Calderugia and Nova Nuraghe. That forgetful! In essence Berlusconi knew that the land was of companies' foreign knew they wanted to pay 'black', he knew that Carboni-Comincioli had deceived the Italian Exchange Office, and defrauding the IRS, etc.. Berlusconi had provided the money for the land in question, and these are regularly finished him with a deed of the notary Zito in Milan in April 1981. These are the facts. Pelicans then the court has given a notice and 'a regrettable error, but does not change the substance of the facts "."
"These elements," read more 'forward in the sentence, "if justified the conclusion of Berlusconi's involvement to the purchase of land and its involvement in the complicated legal case, did not permit the certain conclusion of its competition in the crimes charged in the currency Carboni. It was this consideration that determines our conviction to a fine of one million pounds each. For the remaining charges were coming acquitted for lack of evidence. The formation of the Court reached the acquittal our "conditional" on the phrase "society 'shadow, the white mob, Ciancimino, Calvi, Gelli, in view of the fact that" they are actually there are points of contact or ties with the Berlusconi said people with such facts and adding also to characterize such reports as not irrelevant, "and also because ', as we stated" it is not inspired by motives contrary to the duties of the professional journalist. "
The reasons for the decision of the Court of Verona were a blow to the clan Berlusconi, already 'upset by parzialissima and momentary "Pyrrhic victory". The monthly "First Communication" in February 1989 published a special supplement with the full text of the sentence, and noted: "The Court of Verona condemns The four journalists, but a lot of press writes that the defeated and 'Berlusconi. "Indeed," L'Espresso "wrote of" judicial Berlusconi's resounding defeat in Verona "(9). "Il manifesto" gli dedicava questo colorito articolo: "In galera! Il grido bracardiano e' risuonato mercoledi' pomeriggio nell'aula di giustizia del Tribunale di Verona, ex caserma asburgica con vista sul carcere. A lanciarlo e' l'avvocato Domenico Contestabile, a nome di Silvio Berlusconi e
(9) "L'Fspresso", 15 gennaio 1989.
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all'indirizzo di Carlo Verdelli, Alberto Statera, Giovanni Ruggeri e Mario Guarino. Era la quarta e ultima udienza del processo per diffamazione aggravata [...]. Berlusconi, che alla sua immagine tiene molto, si era presentato in persona alla terza udienza, nonostante tutto quello che ha da fare. Alla giuria aveva raccontato delle lagrime di mamma' alla lettura dell'articolo. Il suo avvocato ha raccontato anche delle lagrime dei Berlusconi babies alla lettura del libro, incautamente lasciato da papa' in bella evidenza sulla libreria della villa di Arcore. "Il sospetto come strumento della diffamazione", ha tuonato l'avvocato di parte civile, e per questa pratica da "diffamatori di professione" ha chiesto una riparazione pecuniaria di 100 milioni. Il pubblico ministero, da parte sua, ha chiesto 9 mesi di reclusione per Verdelli,8 per Ruggeri-Guarino,5 per Statera direttore di "Epoca". Punizione esemplare per chi lede l'immagine di Berlusconi? La giuria, dopo 4 ore e mezza, ha deciso che non era il caso... Una sentenza che certo non puo' soddisfare Berlusconi" (10).
Anche "l'Unita'", in an article called Berlusconi a friend of Gelli lawsuit but the judges acquit, highlighted how the mogul had asked Arcore, through his lawyer, a compensation of 100 million head, which was rejected by the Court, and convictions for all between 5 and 9 months "The Court late in the evening but has ruled otherwise, acquitting the defendants on their claims more 'serious, if only for lack of evidence" (11). Corso Bovio
To our lawyers, Catherine and Paul Malavenda Maruzza (which are also public colleges, and assisted us with skill and passion), we gave the mandate to appeal against the ruling of the Court of Verona. On October 22, 1992, the Court of Appeal of Venice (chairman Michael Cure, advisors Lionello Marini Umberto Mariani) transformed the acquittal for lack of evidence in full acquittal, and reduced to 700 thousand pounds fine for having attributed to Berlusconi's involvement in crimes currency in competition with coal. Thus, it appeared increasingly 'legitimate, and the influential endorsement of the Court, approached the names and deeds of Silvio Berlusconi to the Venerable Master Licio Gelli piduista, the mafioso Vito Ciancimino, the bankrupt piduista Roberto Calvi, the failures and events, corporate' shadow, "white mafia". Remained the infinitesimal
(10) "il manifesto", November 18, 1988.
(11) I'Unita. '"17 novemhre
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of neo penalty for a mistake not ours - a tiny neo which still wanted to get rid of. The last act and
'of 30 March 1993. The Supreme Court of Cassation (President Guido Guasco, advisors, Joseph Ciufo, Guido Ietto, Alfonso Melancholy, Carlo Cognetti) granted our appeal, as provided in Article 90 of the old Code of Criminal Procedure: "The contested decision must be annulled without court, sentenced to the Supreme Court. It was the final and complete victory. All three levels of courts, and nothing 'left in our charge, even though the modest fine.
Almighty Knight, for his part, not only had to take note of complete defeat, but ended up in trouble for perjury - that is 'to say, the' accuser ended the stand defendants, pursuant to art. 372 of the Code of Criminal Procedure. At the Court of Verona, at the hearing on September 27, 1988, Berlusconi was deposed under oath, questioned about his affiliation with the Masonic Lodge P2, the 'was temporarily placed in the year 1981 (instead of 1978, as we had written), and had claimed - falsely - that it had paid to the Worshipful Master Licio Gelli is no registration fee to the Lodge, at the time of membership. In the face of these blatant lies, had sent a complaint to the District Court of Verona.
On July 22, 1989, the magistrate signed Gabriel Nigro investigation of a sentence "not to proceed against him [Berlusconi's note] 'cause, the offense is not. "magistrate against the decision of the Attorney General appealed the Court of Appeal of Venice Stefano Dragone.
the appeal process took place in May 1990. From our exposed to the District Court had passed twenty months, in the course of which was passed by Parliament yet another amnesty (the twenty-third of Republican history) it became operative April 12, 1990, and offenses that are committed to all October 24, 1989 - for Berlusconi was a providential jacket. When Magistrates were summoned to Venice to meet the crime of perjury, the publisher piduista had said: "I hope that the next amnesty, which proclaims not give up, I do not take away the pleasure to see confirmed the acquittal of [the District Court, author's note] by investigating Chamber of the Court of Appeal of Venice "(12)," Amnesty does not give up "?
Berlusconi (12) L'Espresso, 25 February 1990.
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will do 'anything but give it up, and the Court of Appeals (Chairman Battista G. Stigliano, Nunziante directors Luigi and Luigi Lanza, rapporteur) will take away not' no pleasure, "the Board believes that the statements the accused is not true '... It follows then that Berlusconi, who, deposing before the Court of Verona in its quality 'of head-injured party has made false declarations on issues relevant to the facts and report object of proof, has made no statements outside the investigation and appropriate proceedings in the abstract to alter the conviction of the Tribunal and this' (apart from not using the case of false declarations by the same judge) has fully realized the extreme objective and subjective alleged murder of ... The crime is attributed to the defendant acted for amnesty declared extinct. "
Congratulations Knights!
John Ruggeri - Mario Guarino
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