11
The days that followed that night were not
memorable.
About a week passed, then we were notified that the
inquiries were concluded.
At eight-thirty next morning I was in Cervellati’s
secretariat to request copies of the file. I made the application,
they told me that I could have copies within three days and I left
the offices prey to pessimism.
On the Friday my secretary called at the public
prosecutor’s office, paid the fees, collected the copies and
brought them to the office.
I spent Saturday and Sunday reading and re-reading
those papers.
I read, smoked, and drank big cups of weak
decaffeinated coffee.
I read, smoked, and what I read I didn’t like a
bit. Abdou Thiam was in a pretty pickle.
It was even worse than I’d thought when I read the
detention order.
It looked like one of those cases without any
prospects, in which going to the Assizes could lead only to a
pointless massacre.
It looked as if Cervellati was right and that the
only way of reducing the damage was to opt for the shortened
procedure.
The thing that nailed my client most of all was the
testimony of the barman. He had made a statement to the carabinieri
the day before Abdou was
arrested. He had been heard again, a few days later, by the public
prosecutor in person.
A perfect witness – for the prosecution.
I read and re-read the two reports, on the look-out
for any weak points, but I found almost nothing.
That of the carabinieri was a summary report
written in the most classic police-station jargon.
On the 10th day of August 1999 at 19.30 hours,
in the offices of the Operations Unit of the Carabinieri of
Monopoli, before the undermentioned non-commissioned officers of
the criminal police Sergeant-Major Lorussa Antonio, Sergeant
Sciancalepore Pasquale and Lance-Corporal Amendolagine Francesco,
all of whom are attached to the aforementioned Command, there
appeared Antonio Renna, born Noci (Bari) 31.3.1953, resident in
Monopoli, Contrada Gorgofreddo 133/c, who when properly questioned
as to facts falling within his cognizance stated as
follows:
Witness replied: I am the proprietor of the
commercial premises denominated “Bar Maracaibo” situated in
Contrada Capitolo, Monopoli. During the summer months my premises
remain open from seven in the morning until nine at night. In the
management of the aforesaid commercial concern I am assisted by my
wife and two of my children.
Witness replied: I was acquainted with little
Francesco Rubino and in particular with his grandparents, who are
proprietors of a villa situated at a distance of approximately 300
yards from my bar. They have been spending holidays in Contrada
Capitolo for many years. The grandfather of the child frequently
visits my bar to purchase and consume a coffee and smoke a
cigarette.
Witness replied: I am acquainted with the
non-European citizen whom you inform me is named Abdou Thiam and
whom I recognize in the photograph you have submitted for my
inspection. He deals in counterfeit leather goods and passes
nearly every day in front of my bar on his way to the beaches
where he sells his wares. On occasion he visits my bar to take
refreshment.
Witness replied: I recall having observed the
aforesaid non-European citizen on the afternoon of the boy’s
disappearance. He passed in front of my commercial premises without
the bag which he habitually carries with him and he was walking
rapidly as if in haste. He did not stop at the bar.
Witness replied: The non-European citizen was
proceeding in a northerly-southerly direction. In effect, he was
coming from the direction of Monopoli and proceeding towards the
beaches.
Witness replied: The house of the missing boy’s
grandparents is situated at about 300 yards south with respect to
my bar. If I am not mistaken, it stands almost opposite Duna
Beach.
Witness replied: I am unable to indicate with
any precision the hour at which I saw the non-European citizen
pass. It might be between 18.00 and 18.30 hours or perhaps even
19.00 hours.
Witness replied: I did not observe the
non-European citizen pass on his way back in the opposite
direction. That day I did not see him again at all.
Witness replied: If I remember rightly, I
learned of the disappearance of the child the day subsequent to the
fact. Before being summoned by you carabinieri I had not been aware
of being in possession of information relevant to the inquiries,
and that is to say it had not occurred to me to connect the passing
of Thiam that afternoon with the disappearance of the child. If it
had occurred to me, I would have presented myself of my own accord
to collaborate with the law.
I have nothing more to add and in witness
thereof I append my signature.
Cognizance is taken of the fact that the present
statement, due to the unavailability of recording equipment, has
been drawn up only in summary form.
Read, confirmed and undersigned.
The evidence given to Cervellati was complete, in
the sense that it was recorded and stenotyped. Here the person in
possession of the facts did not use improbable expressions such as
“the aforesaid commercial premises” or “purchase and consume a
coffee”. But the upshot was the same.
On 13 August 1999 at 11.00 hours, in the
offices of the Public Prosecutor, and before the Prosecutor Dr
Giovanni Cervellati, assisted in the drafting of the present
document by legal clerk Biancofiore Giuseppe, there appeared
Antonio Renna, whose particulars are already documented.
It is here noted that the present statement will
be documented in full by means of shorthand typing.
Question: Well then, Signor Renna, some days ago
you made a statement to the carabinieri. The first thing I want to
ask you is whether you confirm it. You remember what you said,
don’t you?
Answer: Yes, yes, sir.
Question: So you confirm it?
Answer: Yes, I confirm it.
Question: Let us, however, recapitulate what you
said. In the first place, I take it you already knew the
non-European citizen Abdou Thiam?
Answer: Yes, sir. Not by name, though. The name
I learned from the carabinieri. I recognized him from the
photograph they showed me.
Question: You know him because he often passed
in front of your bar and on some occasions had something to drink.
Is that so?
Answer: Yes, sir.
Question: Would you care to tell me about the
day the child disappeared? That day, that afternoon or evening, you
saw Thiam, didn’t you?
Answer: Yes, sir. He passed my bar between
half-past six and seven.
Question: Did he have his bag of
goods?
Answer: No, he didn’t have the bag and he was
rushing along.
Question: Do you mean that he was running or
that he was in a hurry?
Answer: No, he was hurrying. It wasn’t that he
was exactly running, but he was walking quickly.
Question: In which direction was he
going?
Answer: Towards the beaches, which is more or
less the direction to take to the child’s grandparents’
house—
Question: All right, towards the beaches. That
means from north to south, if I have understood
correctly.
Answer: Yes, from Monopoli towards the beaches.
Question: Did you see him pass on the way back?
Answer: No.
Question: You told the carabinieri that you knew
the boy, and his family also, particularly the grandparents. Do you
confirm this?
Answer: Yes, I confirm it. The grandparents have
a villa 300 or 400 yards past my bar, more or less in the direction
the young Moroccan was going.
Question: Moroccan?
Answer: Non-European citizen then. We use the
word Moroccan for all these young niggers.
Question: Ah, I see. Do you recall any other
detail, any other fact relevant to the inquiries?
Answer: No, sir, but in my opinion it absolutely
must have been that Moroccan because—
Question: No, Signor Renna, you must not express
personal opinions. If some other fact comes to mind well and good,
if not we can bring this statement to an end. Does any other
specific fact come to mind?
Answer: No.
Abdou’s interrogation by the public prosecutor was
little less than catastrophic.
It had taken place at night, in the carabinieri
station in Bari, with a defence lawyer appointed by the
court.
The report was a summary, without recording or
stenotyped record.
On 11 August 1999, at 01.30 hours, in the
offices of the Operations Unit of the Carabinieri of Bari, before
the Public Prosecutor Dr Giovanni Cervellati, assisted in the
drafting of the present statement by Sergeant Sciancalepore
Pasquale, attached to the Carabinieri of Monopoli, there appeared
Abdou Thiam, born 4 March 1968 in Dakar, Senegal, and domiciled in
Bari, Via Ettore Fieramosca 162.
Note is made of the presence of Avvocato
Giovanni Colella, appointed for this occasion by the court to
defend the said Thiam, the latter not having chosen to appoint a
lawyer of his own.
The Public Prosecutor charges the said Abdou
Thiam with the offences of unlawful restraint and murder of
Francesco Rubino and gives him a summary of the evidence against
him.
He informs him that he has the right not to
answer questions, but that the inquiries will continue even if he
does not answer.
The suspect states: I intend to answer and
expressly renounce any time for defence.
Counsel for defence has no observation to
make.
In answer to questioning, the suspect replies: I
deny the charges. I am not acquainted with any Francesco Rubino.
This name means nothing to me.
Suspect replies: On the afternoon of August 5th
I believe I went to Naples in my car. I went to visit some fellow
countrymen of mine whose names I am, however, unable to indicate.
We met, as on other occasions, in the neighbourhood of the Central
Station. I am unable to provide useful indications for
the identification of these fellow countrymen of mine and I am
unable to indicate anyone in a position to confirm that I was in
Naples that day.
Suspect replies: I refuse to admit that I went
to Monopoli that day. When I returned from Naples, I remained in
Bari.
Suspect replies: I take cognizance of the fact
that Your Excellency points out to me that the version I have
provided appears totally unworthy of credit. I can only confirm
that I went to Naples that day and never went at all to Monopoli or
adjacent areas.
Suspect replies: I take cognizance of the fact
that there is a witness who saw me in the vicinity of Capitolo on
the very afternoon of August 5th. I take cognizance of Your
Excellency’s advice that I should make a confession. I take
cognizance of the fact that by confessing I might mitigate my
situation. I must, however, confirm that I did not commit the
murder of which I am accused and do not understand how anyone says
that they saw me on August 5th in the vicinity of
Capitolo.
At this point it is placed on record that the
suspect is shown a photograph found in his lodgings in the course
of the search there carried out.
Having viewed the aforesaid photograph, Thiam
states:
I know the boy portrayed in the photo but I
learn only now that his name is Francesco Rubino. I knew him by the
name of Ciccio.
When questioned, the suspect replies: It was the
little boy who gave me the photograph. It wasn’t me who took the
snap. I don’t even own a camera.
At 02.30 hours the taking of the record is
suspended to enable the suspect to consult with his defence
counsel.
At 03.20 hours the record is resumed.
When questioned, the suspect replies: Even after
talking to the lawyer – who advised me to tell the truth – I have
nothing to add to the statements I have already made.
The defence had no observations to
make.
Read, confirmed and signed.
Two days after his arrest, the hearing took place
before the magistrate in charge of preliminary investigations.
Abdou had availed himself of the right not to reply.
Since then he had not been further
interrogated.
I re-read the order for precautionary detention. I
read the decision of the regional appeals court by which – rightly,
in view of the evidence – Abdou’s appeal was rejected.
I read and re-read every single document.
The statements of the habitués of that beach who
said they had often seen Abdou stop and talk to the child. The
statements of the Senegalese who spoke about the car-washing and
the other Senegalese who had said that he had not seen Abdou at the
usual beach the day after the child’s disappearance.
The scene-of-the-crime report about the finding of
the boy’s body. The report of the search of Abdou’s home and the
list of books confiscated.
The report of the police doctor, which I leafed
through swiftly, avoiding the photographs.
The upsetting, useless statements of the boy’s
parents and grandparents.
On the Sunday evening my eyes were smarting and I
left the flat. The mistral was blowing and it was cold.
That pitiless cold peculiar to March, which makes
spring seem a long way off.
I had thought of taking a stroll, but I changed my
mind, fetched the car and headed north along the old State Road No.
16.
Bruce Springsteen was booming from the loudspeakers
and in my head as I drove through the coastal towns, all deserted
and swept by the north-west wind.
I stopped in front of the cathedral in Trani,
facing the sea. I lit a cigarette. The harmonica screeched in my
ears and in my soul.
The terrible words were written especially for my
desperate solitude.
But I remember us riding in my brother’s
car
Her body tan and wet down at the reservoir
At night on them banks I’d lie awake
And pull her close just to feel each breath she’d take
Now those memories come back to haunt me
They haunt me like a curse.
Her body tan and wet down at the reservoir
At night on them banks I’d lie awake
And pull her close just to feel each breath she’d take
Now those memories come back to haunt me
They haunt me like a curse.
At dawn I woke up shivering with cold, the taste of
tobacco smoke in my mouth. My hand was still clutching the mobile,
which I’d stared at interminably before falling asleep, thinking of
calling Sara.