«The Catanzaro magistrate Gilda Danila Romano filed the sentence, with which he decided the Ostro proceedings for the defendants who had opted for the abbreviated procedure. According to what was understood from reading the device, the magistrate declared the Sky Ecc chats unusable, due to the recognized violation of two fundamental rights of the internal system: namely, the right of defense and the principle of fair trial. In this sense, it was highlighted that the defendants were not placed in the position of having access to French jurisdiction, when only the transalpine judge can review the legitimacy of the acquisition phase of the interceptions, subsequently transmigrated to Italy through the instrument of the European investigation order”. This was stated in a note by the lawyers Manlio Morcella and Natale Polimeni.
«This ruling also reiterated that the Sky Ecc chats were learned, thanks to the conduct of an impressive interceptive campaign carried out across the Alps, moreover, stigmatizing the refusal made by the French judicial authority to the evasion of the EIO issued at the request of the defences», explain the criminal lawyers. «What is certain – add the lawyers Manlio Morcella and Natale Polimeni – is that the valuable sentence of the judge of Catanzaro fits in with the arrest of Giorgi at the United Sections that we stimulated, as it declares the unusability of encrypted chats, in the face of the confirmed violation of two key guarantees of our procedural-criminal system, such as the right of defense and the principle of fair trial. And it also reiterates unequivocally that the Sky Ecc chats are the product of wiretaps, as we argued before the SS.UU. Giorgi, to counter the different thesis that wanted to understand them as documentary evidence. We are facing a turning point that could allow us to reaffirm the principle of the legality of evidence.”