7
It was a February afternoon, but it wasn’t cold.
It had never been cold, that winter.
I passed the bar downstairs from the office but
didn’t go in. I was ashamed to ask for a decaffeinated coffee, so I
went to a dismal bar five blocks away.
Ever since I’d started suffering from insomnia I
didn’t drink proper coffee in the afternoon. I had tried barley
coffee a few times, but it really was too disgusting. But
decaffeinated coffee seemed like real. The main thing is not to be
seen ordering it.
I had always looked with a certain condescension on
people who ordered the decaffeinated stuff. I didn’t want the same
sort of looks to be cast at me now. At least, not by people I knew.
I therefore avoided my usual bar in the afternoons.
I drank the coffee, lit a Marlboro and smoked it
seated at an ancient Formica-topped table. Then back five blocks
and up to the office.
As far as I could remember, it was due to be a
rather quiet afternoon: only one appointment. With Signora Cassano,
due for trial the next day for maltreating her husband.
According to the indictment, this gentleman had for
years come home from work to hear himself called, at the best, a
shitty down-and-out failure. For years he had been forced to hand
over his wages, allowed to keep only some loose change for
cigarettes and other personal expenses. For years he had been
humiliated
at family gatherings and before his few friends. On numerous
occasions he had been slapped about and she had even spat in his
face.
One day he could stand it no longer. He had plucked
up the courage to leave home and had denounced her, asking for a
separation and damages.
She had chosen me to represent her, and that
afternoon I was expecting her for us to settle the details of the
defence.
When I got to the office Maria Teresa told me that
the harridan had not yet arrived. On the other hand a black woman
had been waiting for me for at least half an hour. She didn’t have
an appointment but – she said – the matter was very important. As
always.
She was in the waiting room. I peered through the
crack in the door and saw an imposing young woman, with a face both
beautiful and austere. She can’t have been over thirty.
I told Maria Teresa to show her into my room in two
minutes’ time. I took off my jacket, reached my desk, lit a
cigarette, and the woman entered.
She waited for me to ask her to take a seat and in
an almost accentless voice said, “Thank you, Avvocato.” With
foreign clients I was always in doubt as to whether to use
tu or lei. Many of them do not understand the
lei form, and the conversation becomes surreal.
From the way this woman said “Thank you, Avvocato”
I knew I could address her as lei without any fear of not
being understood.
When I asked her what the problem was she handed me
some stapled sheets headed “Office of the Magistrate in Charge of
Preliminary Investigations, Order for Precautionary
Detention”.
Drugs, was my immediate thought. Her man was a
pusher. Then, almost as quickly, that seemed to me
impossible.
We all of us go by stereotypes. Anyone who denies
it is a liar. The first stereotype had suggested the following
sequence: African, precautionary detention, drugs. It is usually
for this reason that Africans get arrested.
But straight away the second stereotype came into
play. The woman had an aristocratic look and didn’t seem like a
drug-pusher’s moll.
I was right. Her partner had not been arrested for
drugs but for the kidnap and murder of a nine-year-old boy.
The charges stated were brief, bureaucratic and
blood-curdling.
Abdou Thiam, Senegalese citizen, stood accused:
a. of the offence as under Art. 603 of the
Penal Code for having deliberately deprived of his personal liberty
Francesco Rubino, the latter being under age, inducing him by
subterfuge to follow him and thereafter restraining him against his
will.
b. of the offence as under Art. 575 of the
Penal Code for having caused the death of the said minor Francesco
Rubino, exercising on him unascertained acts of violence and
subsequently suffocating him by means and methods equally
unascertained. Both offences committed in the rural district of
Monopoli between 5 and 7 August 1999.
c. of the offence as under Art. 412 of the
Penal Code for having concealed the body of the minor Francesco
Rubino by throwing it down a well.
Polignano Rural District, 7 August
1999.
Francesco, nine years old, had disappeared one
afternoon while playing football on his own in a yard in front of
the seaside villa of his grandparents in Monopoli, to the south of
Bari.
Two days later the boy’s body had been found at the
bottom of a well some twelve miles further north, in the
countryside near Polignano.
The police doctor who had performed the autopsy had
been unable either to confirm or to exclude the possibility that
the child had been subjected to sexual violence.
I knew that police doctor. He wouldn’t have been up
to saying whether a child – or even an adult or a senior citizen –
had been subjected to sexual violence even if he had been
eyewitness to the rape.
The investigations were in any case based from the
first on the assumption of murder with a sexual motive. The
paedophiliac track.
Four days after the discovery of the body the
carabinieri and the public prosecutor had triumphantly announced at
a press conference that the case was solved.
The culprit was Abdou Thiam, a 31-year-old
Senegalese pedlar. He was in Italy with a valid residence permit
and had a few previous convictions for dealing in counterfeit
goods. In other words, apart from regular wares he sold fake
Vuittons, fake Hogans, fake Cartiers. In summer on the beaches, in
winter in the streets and markets.
According to the investigators, the evidence
against him was overwhelming. Numerous witnesses had declared that
they had seen him talking on the beach to little Francesco on more
than one occasion and at some length. The owner of a bar very near
the house belonging to the child’s grandparents had seen
Abdou pass on foot only a few minutes before the boy disappeared,
and without his usual sack of more or less fake merchandise.
Questioned by the carabinieri, the Senegalese who
shared lodgings with Abdou had stated that during those days – he
was not able to say on exactly which day – the subject under
inquiry had taken his car to be washed. As far as he remembered,
that was the first time it had happened. Evidently, the prosecution
considered this useful evidence: to eliminate every possible trace,
the man had had his car washed with a view to frustrating the
investigation.
Another Senegalese, also a pedlar, had stated that
the day after the little boy’s disappearance Abdou had not been
seen on the usual beach. This too was considered – and rightly – a
suspicious circumstance.
Abdou was interrogated by the public prosecutor and
fell into numerous, grave contradictions. At the conclusion of the
interrogation he was detained on the charges of unlawful restraint
and murder. They did not accuse him of rape because there was no
proof that the child had been violated.
The carabinieri had searched his room and found
books for children, all of them in the original languages. Three
books in the Harry Potter series, The Little Prince,
Pinocchio, Doctor Dolittle and others. Most important
of all, they had found and confiscated a photograph of the boy on
the beach in swimming trunks.
In the detainment order which the woman had handed
me across the desk, the books and the photograph were considered
“significant facts in support of the circumstantial
framework”.
When I raised my eyes to look at the woman –
Abajaje Deheba was her name – she began to speak.
In his own country, Senegal, Abdou was a
schoolteacher and earned the equivalent of about 200,000 lire a
month. Selling handbags, shoes and wallets, he earned ten times as
much. He spoke three languages, wanted to study psychology and
wanted to stay in Italy.
She herself was an agronomist and came from Aswan,
Nubia. Egypt. On the border with Sudan.
She had been in Bari for nearly a year and a half
and was towards the end of a postgraduate course in the management
of soil and irrigation resources. When she returned to her own
country she would be employed by the government on a project to
bring water to the Sahara and transform sand dunes into cultivable
land.
I asked her what Bari had to do with the irrigation
of the desert.
In Bari, she explained, there was an institute of
advanced studies and research in agronomy. It was called the Centre
Internationale Hautes Études Agronomiques Méditerranées, and it
attracted postgraduate students from all the emerging countries of
the Mediterranean. Lebanese, Tunisians, Moroccans, Maltese,
Jordanians, Syrians, Turks, Egyptians, Palestinians. They lived in
a dormitory annexe of the institute, studied all day, and at night
went swarming about the city.
She had met Abdou at a concert. In a nightspot in
the old city – she told me the name but I didn’t know it – where
Greeks, blacks, Asians, North Africans and even a few Italians
gathered every evening.
It was a concert of the traditional Wolof music of
Senegal, and Abdou was playing the drums, along with some
compatriots of his.
She paused for a few seconds, her gaze fixed
somewhere outside my room, outside my offices. Elsewhere.
Then she started again and I realized she was not
really speaking to me.
Abdou was a teacher, she said without looking at
me.
He was a teacher even though now he was selling
handbags. He loved children and was incapable of doing harm to any
one of them.
It was at this point that Abajaje Deheba’s firmly
controlled voice cracked. That face of a Nubian princess contracted
with the effort of fighting back tears.
She succeeded, but she was silent for a very long
minute.
Immediately after the arrest they had hired a
lawyer, and she gave me the name of one I knew all too well. On one
occasion, chatting away, he had boasted of declaring an income of
only eighteen million lire.
Ten million he had demanded simply to make the
petition to the Provincial Appeals Court. Abdou’s friends had
passed the hat round and put together nearly the whole sum. My
so-called colleague was satisfied and pocketed the money. In cash
and in advance. No receipt, of course.
The petition was refused. To go to appeal again
would cost twenty million. They didn’t have twenty million so Abdou
had remained in prison.
Now that the trial was approaching they had decided
to come to me. A young member of the Senegalese community knew me –
the woman gave me a name that meant nothing to me – and also knew
that I wasn’t one to make a fuss about money, and that in any case,
to be going on with, they could give me two million, which was what
they had managed to collect.
Abajaje Deheba opened her bag, drew out a bundle of
banknotes fastened with an elastic band, laid it on the desk and
pushed it towards me. There was no question of my being able to
refuse or discuss the
matter. I said I would get my secretary to make out a receipt for
that advance. No thank you, she didn’t want a receipt, she wouldn’t
know what to do with it. What she wanted was for me to go at once
and see Abdou in prison.
I told her I couldn’t do that, that Signor Thiam
would have to appoint me, if only by making a declaration in the
prison register. Very well, she said, she would tell him when they
next spoke. She rose to her feet, held out her hand – she hadn’t
done so when she came in – and looked me in the eye. “Abdou didn’t
do what they say he did.”
Her handshake was as firm as I expected it to
be.
When I opened the door I heard my secretary trying
to explain to a Signora Cassano distinctly annoyed at having to
wait that the Avvocato had had an emergency visit and would see her
just as soon as possible.
I could imagine my client’s thoughts when she saw
Abajaje Deheba pass by, and realized that she had been made to wait
on account of a nigger.
She entered the room and gave me a look of disgust.
I’m sure she would have spat in my face if she could
have.
The next day she was found guilty, and for the
appeal she went to another lawyer. Naturally she didn’t pay the
remainder of my fee, but maybe she had a point: I hadn’t exactly
done my best to get her off.