32
The hearing began nearly an hour late, for reasons
unspecified. I had a suspicion that before the court entered there
had been some animated discussion in camera, because when they
filed in and took their places their expressions were tense. The
only exception was the buxom woman on the judge’s left. She still
wore the same look of superiority and simulated concentration that
she had, with admirable consistency, maintained throughout every
hearing. The attitude she evidently considered comme il faut
for a member of the jury in a Court of Assizes.
If I was not mistaken and there had been an
argument, it must chiefly have been between the judge and the
associate judge. This I inferred from the way they were sitting.
The judge had ostentatiously turned away from his associate, even
to the point of shifting his chair. As for the latter, he was
staring straight ahead of him and polishing his spectacles
nervously and almost obsessively. They exchanged not a single word
during the entire hearing.
It struck me that these were not the ideal
conditions for a hearing of such moment. I also thought, quite
irrationally, that the judge had already made up his mind to
convict Abdou. This feeling weighed on my mind the whole
morning.
Margherita had not come, but nor had I expected her
to.
I can’t say exactly why I was convinced that I
wouldn’t be seeing her that morning. In fact, I don’t know if there
was any reasoning behind it. But certain it is that I didn’t expect
to see her, only a few hours after that message.
Abdou was allowed out of the cage, unhandcuffed,
and accompanied to the seat reserved for witnesses. Behind him,
half a pace away, two warders.
The judge began by asking him if he confirmed the
fact that he had no need for an interpreter. Abdou nodded, and
Zavoianni told him that he could not confine himself to gestures
but must say yes or no, speaking close to the microphone. Abdou
said no, he didn’t need an interpreter, he could understand.
The judge then asked whether he intended to answer
questions, and Abdou said yes in a firm voice and speaking right
into the microphone. Then the public prosecutor took the
floor.
“First of all, Thiam, did you know little Francesco
Rubino.”
“Yes.”
“But when you were interrogated you said you didn’t
know him, you remember?”
We were off to a flying start. I leapt to my feet
for the first objection.
“Objection, Your Honour. This question is
inadmissible. If the public prosecutor intends to impugn the
defendant on the grounds of his previous statements, he must do so
by declaring which document he is referring to and giving a full
reading of the statements he intends to question.”
The judge was about to say something but Cervellati
got in first.
“I am referring to the record of his interrogation
before the public prosecutor dated 11 August 1999. I
will read it with a view to the impugnment, so that the defence
will have nothing to complain about. So then ... in the course of
that interrogation you said word for word that—”
“Objection, Your Honour. The prosecution cannot
affirm that my client said something word for word when he
is referring to a report in summary form, such as is the one in
question. In the interrogation cited by the public prosecutor –
which is the first and the only one to which Signor Thiam has been
subjected – use was not made of shorthand typing or any other form
of recording.”
This was not a genuine objection, but it enabled me
to get across to the court from the start an important item of
information: that the first – and indeed the only – time that Abdou
had been questioned, there was no recording equipment, no video
camera, no shorthand typist.
The judge overruled the objection and told me that
he didn’t like the way in which we had begun. I would have liked to
say I didn’t either, but I refrained. I simply thanked the judge
and Cervellati resumed.
“I will read this statement: ‘I am not acquainted
with any Francesco Rubino. This name means nothing to me.’ ”
“May I explain? I knew the little boy by the name
of Ciccio. That’s what I called him. Everyone on the beach called
him that. When I heard the name Francesco Rubino I didn’t realize
that it was Ciccio. For me the boy’s name was Ciccio.”
“In the course of that interrogation, however, at a
certain point you admitted you knew the boy, did you not?”
“Yes, when I saw the photograph.”
“You mean to say, when you were challenged with
the fact that a photograph of the boy had been found in your
room?”
“When they showed me the photograph ... yes, the
one I had at home.”
“Then it is correct to say that you admitted
knowing the boy only when you realized that we had found the
photograph—”
He was going too far.
“Objection. That is not a question. The public
prosecutor is trying to draw conclusions and he cannot do that at
this point.”
Unwillingly, the judge sustained my
objection.
“Signor Cervellati, please confine yourself to
questions. Leave conclusions for when it comes to your final
speech.”
Cervellati resumed his questioning but he was
plainly getting nettled, and not only at me.
“Well, Thiam, are you able to say where you were on
the afternoon of 5 August 1999?”
“Yes.”
“Tell the court.”
“I was returning from Naples by car.”
“What had you gone to Naples to do?”
“To buy goods to sell on the beaches.”
“I have a question to raise, concerning the same
document as before. I read from the text: ‘On the afternoon of 5
August, I believe I went to Naples ... 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.’ You understand, Thiam? When you were interrogated, in
August of last year, you said you had been to Naples but you did
not mention the purchase of goods etc. You only said you had gone
to visit your fellow countrymen, whose particulars you were,
however, unable to supply. What can you tell us on this
point?”
“I went to buy goods. And I also went to buy
hashish. I didn’t mention these things because I didn’t want to
involve the people who sold me the goods and the hashish. And I
didn’t want to involve my friend who kept my goods and the hashish
at his place.”
“Who is this friend of yours?”
“I don’t wish to say.”
“Very well. This will serve in the assessment of
the reliability of your story. What were you going to do with the
hashish?”
“We bought it in a group with other African
friends, to smoke it together.”
“What quantity of hashish had you bought?”
“Half a kilo.”
“And you expect us to believe this story? To
believe that in order not to reveal the possession of hashish and
counterfeit goods, you did not defend yourself on a charge of
murder?”
“I don’t know whether you believe my story.
However, when I was interrogated I was very confused. I didn’t
understand exactly what was happening and I didn’t want to involve
people who had nothing to do with it. I didn’t know what to do. If
I’d had a lawyer I might have—”
“During that interrogation you had a
lawyer!” Cervellati almost shouted. He was really losing his cool.
I had no need to intervene.
“I had a lawyer appointed by the court. We didn’t
exchange a word before the interrogation and
afterwards I never saw him again. If you asked me what he looked
like I wouldn’t be able to tell you.”
“Very well,” said Cervellati, trying to control
himself and turning to the court. “I must not argue with the
accused. Listen, Thiam, you said you went to Naples that day.
Describe the events of the day in detail.”
“The day I went to Naples?”
“Yes.”
“I set off early in the morning, at about six. I
got to Naples around nine. I went to a depot in the neighbourhood
of the prison at Poggioreale, where I get my goods, and I loaded up
the car. Then I went to a place really close to the station, where
my friends were who had the hashish, and I bought it. I had the
money we had put together in Bari—”
“Why did you have to go to Naples to buy the
hashish? Can’t it be got in Bari?”
“You can find stuff in Bari, but it’s mostly grass,
that is marijuana, which comes from Albania. But I had to go to
Naples anyway for my goods. These friends in Naples have very good
stuff and let me have it cheap, at cost price.”
“What price do your pusher friends ask you?”
“A million lire for half a kilo.”
“Which you then peddled in Bari.”
“No. I didn’t peddle it. We bought it cooperatively
and then divided it up to smoke it ourselves.”
“What time did you get back to Bari?”
“In the afternoon. I don’t know exactly what time.
When I unloaded the car at my friend’s place it was still
daylight.”
“And of course – you’ve already told us – you don’t
want to tell us the name of this friend.”
“I can’t.”
“Is there anyone who can confirm the story you have
told us in this courtroom today?”
“A witness?”
“Yes, a witness.”
“No, I cannot call anyone. What’s more, I have been
in prison for nearly a year, and I don’t know if the people in
Naples, or even my friend in Bari, are still in Italy.”
“Very well. We therefore have only your word for
it. In any case you can exclude the possibility of having gone to
Monopoli, to Capitolo, that evening.”
“No.”
“You can’t exclude it?”
“I mean I didn’t go. When I finished unloading, I
stayed in Bari. It was late and I wouldn’t have found anyone on the
beaches.”
“You say you didn’t go to Monopoli that evening. In
that case, how do you explain the fact that Signor Renna – the
proprietor of the Bar Maracaibo – declares that he saw you passing
in front of his bar that very evening at about six o’clock? Are you
of the opinion that Signor Renna has not told the truth? Do you
think that Signor Renna has some reason for hostility towards
you?”
“I don’t understand. What is the meaning of
‘hostility’?”
“Is it your opinion that Renna is accusing you
falsely because he wishes you harm? Has he something against
you?”
I was on the point of objecting, but Abdou answered
first, and answered well.
“That is not what I said. I did not say that he is
accusing me falsely. I know he is mistaken, but that is a
different thing. To accuse falsely is when someone
says something he knows is not true. He is saying something untrue
but I think he believes it to be true.”
“In the days following 5 August did you take your
car to be washed?”
“Yes, after my trip to Naples. I took it to be
washed at that time.”
“Why?”
“Because it was dirty.”
I seemed to perceive the trace of a smile on the
lips of some of the bench. Those who remained deadly serious were
the judge, the associate judge, the buxom woman who appeared to be
embalmed, and the elderly man who looked like a retired officer. I
remained very serious indeed. So did Cervellati, who continued his
examination for a few more minutes, asking Abdou about the
photograph of the child and a handful of other things.
Counsel for the civil party put a few questions,
just to show he was there, then the judge gave me permission to
proceed.
“Signor Thiam, could you tell us what work you did
in Senegal?”
“I am a primary-school teacher.”
“How many languages do you speak?”
“I speak Wolof – my native language – Italian,
French and English.”
“Why did you come to this country?”
“Because I couldn’t see a future in my own
country.”
“Are you an illegal immigrant?”
“No, I have a residence permit and also a licence
to sell goods. However, I also sold counterfeit goods. That’s the
illegal thing I did.”
“How long did you know little Francesco?”
“I met him last summer ... no, I mean the summer
before ... in 1998.”
“Why did you have that photograph of the
boy?”
“He gave it to me himself ... the boy and I were
friends. We often used to talk ...”
“When was it given to you?”
“Last year, in July. The boy said that if I went
back to Africa I could take it with me as a memento. I told him
that I wouldn’t be going back to Africa, but he gave it to me all
the same.”
“When was the photo taken?”
“The very day he gave it to me. His grandfather had
a Polaroid camera and was taking photographs. The boy chose one of
them and gave it to me.”
“I would now like to turn to another matter. I see
you speak very good Italian. I would therefore like to ask you
something. Can you tell us the meaning of the sentence: ‘I
expressly renounce any time for defence’?”
“I don’t know what that means.”
“That’s odd, Signor Thiam, because it’s a phrase
you appear to have pronounced during your interrogation by the
public prosecutor. Would you care to read it?”
I went up to Abdou and showed him my copy of the
record. I was expecting Cervellati to raise an objection, but he
stayed seated and said nothing.
Abdou peered at the document, as I had told him to
last week in prison. Then he shook his head.
“No, I don’t know what it means.”
“Excuse me, Signor Thiam, but did you not say that
you renounced any time for you to prepare for your appearance and
interrogation?”
“I don’t know what this means.”
That was the place for me to stop. The message, I
thought, had got across. The record of Abdou’s interrogation had
been drafted pretty casually, and now the court knew it. I could
change the subject and get on to the decisive point.
“You have said that on 5 August you went to Naples
but that there are no witnesses who can confirm this fact. Is that
right?”
“Yes.”
“Have you got a mobile telephone?”
“I had one. When they arrested me they confiscated
that too.”
“Of course, it is on file in the report. When you
went to Naples did you have that mobile with you?”
“Yes.”
“Do you remember whether you made or received any
calls that day?”
“I think so. I don’t remember exactly, but I think
so.”
“Can you tell us the number of that mobile
telephone?”
“Yes. The number was 0339-7134964.”
“I have finished, Your Honour. Thank you.”
The public prosecutor had no more questions and
requested the attachment of the document used for his assertions. I
made no objections. The judge said that after half an hour’s break
would be the time to put forward any applications for additional
evidence. The court would decide whether to accept or reject them
and we would agree on the dates for further hearings.
My feeling was that I was seriously in need of
coffee and a cigarette.