Proibite le riprese televisive per il processo di Pino Maniaci. Siamo tornati al ventennio fascista
Il 19 luglio, nell’anniversario della morte di Paolo Borsellino e della sua scorta, il tribunale di Palermo terrà la prima udienza relativa ai rinviati a giudizio dell’operazione Kelevra, cioè Maniaci e altri 9.
I nove imputati sono sotto processo essenzialmente per estorsione mafiosa fatta nei confronti di alcuni commercianti della zona. Il caso di Pino Maniaci, in questo contesto si presenta anomalo, trattandosi, la sua, di estorsione semplice, che quindi non andrebbe giudicata da una corte, ma da un giudice monocratico. La richiesta di uno stralcio del processo è stata rigettata, e quindi Maniaci non potrà separare la sua vicenda da quella degli altri mafiosi, anche se con loro non ha nulla da spartire e malgrado ne abbia denunciato le malefatte attraverso la sua emittente.
L’intenzione di chi dirige le operazioni della procura è chiara: Maniaci va trattato come mafioso e omologato ai mafiosi sotto processo. Ci sarebbe già da discutere molto su questa circostanza, ma è successo e sta succedendo di più: l’emittente Radio Radicale ha chiesto al presidente della seconda sezione penale del tribunale di Palermo, Benedetto Giaimo, di registrare le udienze del processo che inizierà mercoledì prossimo e tale richiesta è stata rigettata con curiose motivazioni, scritte a mano a margine della richiesta: Il Pubblico Ministero Amelia Luise ha scritto che «si nega il consenso risultando difficoltoso proteggere le opposte esigenze di tutte le altre parti del processo». Sembra di capire che i mafiosi non vogliono essere ripresi neanche radiofonicamente e, per tutelare le loro esigenze, a seguito di inspiegabili “difficoltà”, si ritiene necessario non tutelare il diritto di cronaca né tantomeno rendere pubbliche le immagini che riguardano esclusivamente la linea difensiva di Pino Maniaci. Sergio Scandura, giornalista di Radio Radicale, in una nota pubblicata su MeridioNews ha subito commentato: «Mai successo a Palermo per un pubblico dibattimento. L’articolo che regola la pubblicità del dibattimento parla chiaro: all’inizio il titolare del processo sente le parti una volta costituite e persino in caso di totale opposizione la sua decisione è sovrana e può comunque decidere di dare accesso a radio e televisioni in un processo che peraltro ha i requisiti di interesse pubblico – spiega Scandura – Anche la codicistica italiana è ormai obsoleta, perché la Cedu, la giurisprudenza europea, non consente più processi sottratti all’opinione pubblica». La decisione del tribunale arriva solo a una settimana dall’inizio del procedimento. «Serve una mobilitazione di Ordine e sindacato, perché l’archivio di Radio Radicale è un servizio pubblico che a Palermo viene garantito dai tempi del maxi processo con l’integralità delle udienze, servizio di cui usufruiscono tutti, non solo i giornalisti, ma anche magistrati e avvocati», dice ancora il giornalista. Questa decisione rischia di ostacolare il lavoro anche di altri colleghi e di rendere il processo a porte chiuse. «Stupisce che il tribunale abbia preso questa decisione, rigettando la nostra richiesta prima che inizi il processo, così come recita codice».
Si aggiunga che il presidente della seconda sezione penale del tribunale di Palermo, Benedetto Giaimo, nell’accogliere la proposta del p.m. ha aggiunto, di suo pugno che il rigetto è motivato dalla “mancanza di rilevanza sociale del processo”. E qua si salta dalla sedia: ma come, il 4 maggio 2016, attraverso la email servizinazionali@alice.it è stato inviato dal Comando Provinciale dei Carabinieri ai giornali di tutto il mondo il testo di 400 pagine di intercettazioni e il video sapientemente confezionato dai carabinieri di Partinico, perché bisognava sbattere il mostro in prima pagina, rilevando in tale notizia chissà quale importanza sociale, mentre ora tale importanza è venuta meno?
AndreaTuttoilmondo, presidente regionale dell’Unci, (Unione nazionale cronisti italiani) ha già manifestato solidarietà alla denuncia lanciata oggi dalla testata dicendo che “sorprende la decisione della seconda sezione penale del tribunale di Palermo, presieduta da Benedetto Giaimo, di respingere la richiesta registrazione audio avanzata da Radio Radicale: «Dispiace prendere atto di questa censura. Auspico che si possa valutare diversamente l’istanza presentata dai colleghi di Radio Radicale. Per la rilevanza sociale di chi è coinvolto, consentire la registrazione di questo processo significa contribuire a realizzare pienamente quella missione di pubblico servizio che guida lo spirito di chiunque faccia informazione seria e con coscienza».
La rilevanza sociale, sembrava scontata in una vicenda, che, per via dei personaggi coinvolti, a partire da Maniaci è stata accompagnata da grande attenzione da parte dei mass media. In tal senso l’art. 147 del cpp, citato da Scandurra è chiaro: «L’autorizzazione può essere data anche senza il consenso delle parti quando sussiste un interesse sociale particolarmente rilevante alla conoscenza del dibattimento».
Il citato articolo di Silvia Buffa richiama la legge, secondo cui le riprese non possono essere autorizzate invece quando «la pubblicità può nuocere al buon costume ovvero, quando può comportare la diffusione di notizie da mantenere segrete nell’interesse dello Stato. O, ancora, in caso di assunzione di prove che possono causare pregiudizio alla riservatezza dei testimoni. O, infine, in caso debbano essere ascoltati dei minorenni», secondo i commi uno, due e quattro di un altro articolo che regola la decisione di procedere a porte chiuse. Tutte condizioni che in questo caso non sembrano sussistere.
Nel frattempo anche l’ordine dei giornalisti di Sicilia e l’Assostampa si sono pronunciati: “No a Radio Radicale? Scelta non condivisibile” (leggi QUI).
Non ci si può sottrarre a una domanda spontanea: che cosa si vuole nascondere? Di che cosa ha paura il tribunale di Palermo? Forse che tutta la polpetta preparata per incastrare Pino Maniaci si sbricioli e che tutti possano rendersi conto che si è voluto deliberatamente mandare alla gogna una persona scomoda per le sue inchieste sui beni sequestrati in cui erano coinvolti pezzi del tribunale stesso di Palermo che adesso deve giudicare Maniaci?
La domanda è inquietante, perché se è deciso che una condanna qualsiasi dovrà essere affibbiata a Maniaci, nell’eventualità remota di un’assoluzione si correrebbe il rischio di fare la figura di coloro che hanno perso tempo inseguendo dei fantasmi. Ma sono cose tipiche dei tribunali in Italia paese che, per la libertà di stampa si piazza al 68° posto nel mondo.
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