33
The bar in the law courts had little tables like
the ones in the snack bars of the 1970s. I got my cup of coffee at
the counter, then went and sat at one, alone and with the intention
of spending half an hour without thinking of anything or talking to
a soul.
I lit a cigarette and sat there watching the people
coming in and out of the bar. Peaceful.
There I was when in came a suntanned, stylish,
bejewelled woman with the air of one who spends a lot of her time
between the gym and the beauty parlour. She was making for the
counter when she spotted me and stopped. She was looking in my
direction with the beginnings of a smile on her face, as if she
expected some sign of recognition. I glanced to right and left, to
see if it was really me she was looking at. Behind me was
impossible, because I was right against the wall. However, I was
the only one at the tables, so it really was me she was looking
at.
Noticing the way I acted, she came nearer. Her
expression had changed a little. I imagine she thought I must be
extremely short-sighted or extremely dim-witted.
“Don’t you recognize me?” she said at last.
I craned towards her, and a doltish smile spread
over my face while I hunted for something to say. Then I did
recognize her.
From fifteen years before, or perhaps more. I had
only just graduated. I couldn’t remember what she was
doing at that time, but certainly something quite different. Maybe
studying medicine, or maybe I was confusing her with someone
else.
We had gone out together for a couple of months, or
perhaps less. She was older than me, by five years or so. So now
she must be about forty-five. What was her name? I couldn’t for the
life of me remember her name.
“Magda. I’m Magda. How come you don’t recognize
me?”
Magda. We’d gone out together for two months
fifteen years before.
What did we do? What did we talk about?
“Magda. Forgive me. I don’t wear specs because I’m
too vain and then I make this sort of a fool of myself. I’m a
little short-sighted. How are you?”
“I’m well. And you?”
There followed an absurd conversation. I remembered
almost nothing about her, so I was cautious, trying to avoid any
more gaffes. She told me she was in the law courts for work
reasons. The way she said it implied that I knew what her job was.
But I hadn’t the foggiest and while she went on talking – about
separations, the single life, holidays, how we absolutely must meet
again one evening with a series of persons whose names meant
nothing to me – I felt sucked into a surreal maelstrom.
I recovered only when we parted, with hugs and
kisses.
Ciao, Magda. When we meet again I’ll pluck up the
courage to ask you what we talked about, nearly every evening for
two whole months, fifteen years ago.
The judge asked the public prosecutor and counsel
for the civil party if they wished to produce any additional
evidence. They both said no. Then he turned to me with the same
question. I got to my feet and before speaking adjusted my robe,
which, as usual, was slipping off my shoulders.
“Yes, Your Honour. We have applications in
accordance with Article 507 of the code of criminal procedure. A
short while ago the court heard the examination of the defendant.
He stated that he was registered as the owner of a mobile
telephone. This fact, moreover, has already emerged from the
documents in your possession, because among the papers on file is
the report of the confiscation of the instrument in question and
the relative card, corresponding to the number 0339-7134964, the
property of the defendant. The defendant stated that he took this
telephone with him on that trip to Naples, and that he probably
made and received calls on that occasion. You certainly know as
well as I do that the use of a mobile phone leaves a trace which is
preserved on a magnetic support by the telephone company, in this
case Telecom. It is possible to acquire mobile-phone records
showing the numbers of incoming and outgoing calls, the time and
duration of each call and, above all, the area in which the
telephone user was at the time of the call.
“Having said that, I think I need not make any
further explanation of what importance may attach to the
acquisition from Telecom Italia of the records relative to the use
of the mobile telephone number 0339-7134964 on the day of 5 August
1999. It is true that we have no witness who can confirm the alibi
of the defendant. The outcome of the mobile-phone records, however,
might be far more telling than any witness. The location of the
instrument in question at a precise time of day might provide
evidence decisive
to the outcome of the trial. In conclusion, therefore, in
accordance with Article 507 of the code of criminal procedure, I
request an order of attachment of the mobile-phone records relative
to the subscriber number 0339-7134964 for the day of 5 August 1999.
I have nothing more to add. Thank you.”
The judge kept his eyes on me for several moments
after I had finished speaking. He was about to turn to the
associate judge when he must have remembered that they had had a
quarrel a couple of hours earlier. At least, I was convinced that
for some reason or other they had quarrelled. There’s no doubt that
Zavoianni was turning towards the other judge and stopped half way.
So suddenly that he had to strike an attitude, resting his chin on
his hand with a thoughtful air. He had moved like a character in a
farce and for some moments remained quite unnaturally motionless.
Then he addressed the public prosecutor.
“Does the prosecution have any observations to make
about this application by the defence?”
“Your Honour, I have many doubts not only about the
absolute necessity, but even concerning the relevance to the
present trial of this request on the part of the defence. These
doubts may be summed up in a few words. Who is to say whether on 5
August 1999 this mobile phone was at Thiam’s disposal? It is true
that it was found in his possession at the time of the search. But
this is of little significance. The search took place some days
later, and we know that in certain circles – such as that of drug
pushers, with which the accused has told us he is familiar, if not
actively involved – it is common practice to pass around mobile
phones, as it is with weapons and other things. In the absence of
proof that this instrument was available to Thiam
at the date on which the unlawful restraint of the child took
place, the evidence requested is without relevance.
“I might add a consideration of a purely procedural
nature. Article 507 permits the taking of additional evidence when
the need for it has emerged in the course of the proceedings. In
this case the evidence could easily have been requested in the
introductory phase, but the defence did not so act, whether from
negligence or some other reason we do not know. In any case the
request is late, and in this respect also it must be
rejected.”
“Does the civil party have any observations?” said
the judge.
“We concur with the considerations put forward by
the public prosecutor.”
“Your Honour,” I put in, “may I be permitted a
brief objection to the observations made by the prosecution?”
“As you well know, Avvocato, objections are not
admitted at this stage.”
“Your Honour ...”
“Avvocato, not a word more. I repeat, not a word
more.”
Thus saying, he rose to retire. One by one the
members of the jury rose to follow him. The associate judge
remained seated. I got the impression that he clenched his teeth
for a moment. Then he too got up and was the last to leave the
courtroom.
The wait was a long one. Usually decisions of that
kind, regarding applications for additional evidence, are taken
directly in the hearing, or after only a few minutes of
consultation in camera. But not that day.
The hours went by without anything happening. I chatted a bit with
the clerk of the court, who told me he didn’t understand the reason
for the delay. I told him that I didn’t either, but it wasn’t true.
They were out that long because the court was in fact divided
between those who had already decided to convict Abdou and those
who wanted to understand things better. If the first lot won, and
my application for the attachment of the phone records was
rejected, I might as well save myself the trouble of disputing the
case. Abdou was already done for. Only if the others won was our
hat still in the ring.
From where he was in the cage, Abdou asked me what
was going on and I lied to him, saying that the wait was perfectly
normal.
I had an urge to call up Margherita, but I
didn’t.
For no reason I could put my finger on, there came
to mind an ancient Turkish proverb that goes more or less like
this: “Before you fall in love, learn to walk on snow without
leaving footprints.” Now why did that come to mind?
I felt terribly alone and, hell and dammit, I was
on the verge of tears. After months, just then of all times, just
there of all places.
No. Please, no!
I made for the courtroom door, just in case I
should make a spectacle of myself, and anyway to have another
cigarette. I had already put it to my lips when the providential
ringing of the bell tore through my thoughts.
I returned to my place, put on my robe, and
realized I still had the cigarette dangling from the corner of my
mouth even when the court had filed back in and taken their seats
and the judge was beginning to read the ruling.
I lowered my eyes to my desk, half closing them,
blurring the papers lying there. I listened.
“The Court of Assizes of Bari, pronouncing on the
application for the taking of additional evidence put forward by
the defence of the accused Abdou Thiam, observes as follows.
“The defence of the accused – in accordance with
Article 507 of the code of criminal procedure – applies for the
attachment of the mobile-telephone records relative to the
telephone traffic of mobile number 0339-7134964 for the day of 5
August 1999, on the double presupposition that the necessity for
the aforesaid attachment has emerged in the course of the
proceedings (and in particular from the examination of the accused)
and that in any case the above-mentioned attachment is absolutely
necessary to the ascertainment of the truth.
“The public prosecutor objects, maintaining the
non-relevance (or at any rate the absence of absolute necessity)
and the tardiness of this request.
“In fact – as the public prosecutor observed – the
application could well have been made at the time of the
introductory exposition, because the elements to make it were at
that stage already in the possession of the defence.
“Technically, therefore, the application is to be
considered tardy.”
The judge paused, or so it seemed to me. I stayed
stock still, eyes cast down, head bent. A moment or two later I
realized I had been holding my breath.
“From another point of view, however ...”
However! They’d granted it.
“From another point of view, however, we have to
point out, in accordance with the judicial principles of the Court
of Appeal, that the presiding judge is
obliged not to neglect the fact that the primary purpose of a
criminal trial cannot be other than to search for the truth. Within
this perspective we cannot accept methods or decisions which
unreasonably obstruct such ascertainment of the course of events as
is required to arrive at a just decision.
“This said, we are bound to stress the fact that
the evidence requested is to be considered as potentially decisive.
From the attachment of the mobile-telephone records there could in
fact emerge a real and proper alibi, in the case of the accused
being located in a place incompatible with the hypothesis of his
responsibility for the facts set down in the indictment.
“For these motives the Court of Assizes of Bari
orders the attachment of the mobile-telephone records relative to
the telephone traffic of subscriber number 0339-7134964 for the day
of 5 August 1999 from 06.00 to 24.00 hours.
“It furthermore orders the presence of the officer
responsible for Telecom (Bari Branch), or another employee of the
company expressly empowered, to explain the precise meaning of the
records before the court.
“It charges the criminal police with the execution
of this order within five days.
“It postpones the taking of evidence and the
closing argument until the hearing of 3 July.
“The court is dismissed.”
When I reopened my eyes and looked up, the court
had already left.
One week and it would all be over. One way or
another.