“It is the end of a personal nightmare, but the human and professional damage suffered remains largely immeasurable.” With these words, the lawyer Antonio Marra comments on the sentence issued by the Court of Appeal of Reggio Calabria which acquitted him in full terms of the remaining charges in the context of the “Gotha” maxi-trial, the pivotal investigation of the Reggio Calabria DDA into the alleged invisible dome of the ‘Ndrangheta.
The judges of second instance exonerated the lawyer Marra from count d) “for not having committed the crime” and from count v) “because the fact does not exist”, confirming the radical inconsistency of the accusatory theories which painted him as a face of the mafia contiguity. A ruling that comes ten years and 15 days after the start of the proceedings, and which pushes the criminal lawyer and his defenders, the lawyers Giovanna Beatrice Araniti and Francesco Calabrese, into a harsh public reflection on the state of justice in Italy.
From preventive detention to acquittal on the merits
Lawyer Marra’s judicial ordeal went through dramatic stages. Involved in the main strand of “Gotha” on charges of participation in a mafia association and of having provided professional support to business and judicial affairs believed to be close to the clans – including those linked to the “Perla dello Stretto” shopping center – the professional suffered 592 days of preventive detention.
That precautionary measure was then annulled without referral by the Court of Cassation on 22 December 2017, with a decision that already highlighted the insufficiency and unsuitability of the circumstantial framework. Furthermore, over the years, the collapse of the prosecution system had been anticipated by other important irrevocable acquittals recorded in the abbreviated section of the same investigation. Yesterday, finally, the Court of Appeal put the final seal on the merits, recognizing the full innocence of the lawyer.
The defense line: «It was only forensic activity»
From the first stages of the trial, the lawyers Araniti and Calabrese argued about the total absence of Marra’s stable involvement in mafia-type dynamics. The defense demonstrated how the disputed conduct fell exclusively within the ordinary forensic activity of legal assistance and consultancy, aimed only at protecting the client and devoid of any intent to facilitate organized crime.
According to the defenders, the investigation was tainted by a “forced reading of conversations” and an “improper use of the category of “context””, which ended up transforming legitimate and ethically correct professional relationships into presumed indications of guilt.
The criminal lawyer’s outburst: «Treated as guilty, a system that is leaking»
“Despite the conclusions of the Court of Cassation first and now of the Appeal, I have been pilloried for years, exposed to a climate of suspicion and stigmatization that has affected me far beyond the courtroom”, denounces the lawyer Marra in a joint note with his lawyers.
«On a professional level I was effectively exiled, excluded from roles and opportunities, marked by a public representation that painted me as guilty before any definitive investigation. This story involved many people; some of them, unfortunately, died during the proceedings, without being able to witness the full statement of the truth.»
The acquittal thus becomes an opportunity to raise questions that can no longer be postponed about the functioning of the judicial machinery and the role of the media:
«Is a system acceptable that allows the innocence of a person to be ascertained ten years later after having effectively destroyed their professional and human life? Isn’t it perhaps necessary to question ourselves about a model that “is leaking from all sides”, in which precautionary measures have an irreversible impact on the lives of suspects and media communication often overwhelms procedural data? In practice, the presumption of innocence is too often sacrificed in favor of a presumption of factual guilt, branding the citizen with a “scarlet letter” that is difficult to remove.”
The bitterness of the lawyers
The defenders Giovanna Beatrice Araniti and Francesco Calabrese express profound satisfaction with the outcome of the judgement, which formally restores their client’s personal and professional dignity, but do not hide a strong note of bitterness: «A decade of life, career, relationships and serenity cannot simply be returned by a sentence, however liberating. The affair of the lawyer Marra should constitute an opportunity for serious reflection for all legal practitioners, institutions and public opinion, so that the guarantees for the protection of citizens are strengthened and the repetition of similar tragedies is avoided.”