37
The first defence I conducted on my own, shortly
after qualifying, had to do with a series of frauds. The defendant
was a large, jolly fellow with a black moustache and a nose laced
with broken veins. I had a feeling he was not a teetotaller.
The prosecutor made a very short speech and asked
for two years’ imprisonment. I made a long harangue. While I was
speaking the judge kept nodding, and this gave me confidence. My
arguments seemed to me cogent and unanswerably persuasive.
When I finished I was convinced that in a matter of
minutes my client would be acquitted.
The judge was out for about twenty minutes, and
when he returned he pronounced exactly the sentence the prosecution
had asked for. Two years’ imprisonment without remission, because
my client was a habitual criminal.
I didn’t sleep that night, and for days afterwards
I asked myself where I had gone wrong. I felt humiliated, and
persuaded myself that the judge for some unknown reason had it in
for me. I lost faith in justice.
It never occurred to me for one moment that there
was an obvious explanation for the matter: that my client was
guilty and the judge had been right to convict him. This was a
brilliant intuition that only came to me long afterwards.
However, that experience taught me to treat my
trials with due detachment. Without getting emotional and above
all without nursing any expectations.
Getting emotional and nursing expectations are both
dangerous things. They can do harm, even great harm. And not only
in trials.
I thought about this now while the courtroom was
emptying. I thought I had done my job well. I had done everything
possible. Now I had to feel unconcerned about the result.
I ought to go out, go to the office or take a
stroll, even go home. When the court was ready the clerk of the
court would call me on my mobile – he had asked for my number
before he left the courtroom himself – and I would return to hear
the reading of the verdict.
This is the usual practice in trials of this kind,
when the court is expected to remain in camera for many hours, or
even for days. When they are ready, they call the clerk and tell
him what time they will re-enter the courtroom to pronounce the
verdict. The clerk in turn calls the public prosecutor and the
counsels and at the established hour there they all are, ready for
the final scene.
In short, according to practice I should have
left.
But instead I stayed put, and after gazing around
the empty courtroom for a while I approached the cage. Abdou rose
from his bench and came towards me.
I took hold of the bars and he gave me a nod of
greeting and the ghost of a smile. I nodded and smiled back before
I spoke.
“Did you manage to follow my speech?”
“Yes.”
“What did you think?”
He didn’t answer at once. As on other occasions, I
had the feeling that he was concentrating on finding the right
words.
“I have one question, Avvocato.”
“Tell me.”
“Why have you done all this?”
If he hadn’t done so, sooner or later I would have
had to ask myself that question.
I was searching for an answer, but I realized I
didn’t want to talk through the bars. There was no question of them
letting Abdou out for a chat in the courtroom. Against all
regulations.
So I asked the head of his escort if I could go
into the cage.
He stared at me in disbelief, then turned to his
men, shrugged as if abandoning all hope of understanding, and
ordered the warder with the keys to let me in.
I sat on the bench near Abdou, and felt an absurd
sense of relief as I heard the bolt slide home in the door of the
cage.
I was about to offer him a cigarette when he pulled
out a packet and insisted on my taking one of his. Diana Red. The
prisoners’ Marlboro.
I took one, and after smoking half I told him I had
no answer to his question.
I told him that I thought it was for a good motive,
but I didn’t know exactly what that motive was.
Abdou gave a nod, as if satisfied with my
answer.
Then he said, “I’m frightened.”
“So am I.”
And so it was we began to talk. We talked of many
things and went on smoking his cigarettes. At a certain point we
both felt thirsty and I called up the bar on my mobile to place an
order. Ten minutes later in came the boy with the tray, and passed
two glasses of iced tea through the bars. Abdou paid.
We drank beneath the bewildered gaze of the
warders.
At about eight o’clock I told him I was going for a
walk to stretch my legs.
I had no wish to go home or to the office. Or into
the centre of town among the shops and the crowds. So I ventured
into the district round the law courts, towards the cemetery. Among
working-class tenements which emitted the smell of rather unsavoury
food, rundown shops, streets I’d never been along in all my
thirty-nine years of living in Bari.
I walked for a long time, without an aim or a
thought in my head. It seemed to me I was somewhere else entirely,
and the whole place was so ugly that it had a strange, seedy allure
to it.
Darkness had fallen and my mind was completely
distracted when I became aware of the vibration in my back trouser
pocket.
I pulled out the mobile and on the other end heard
the voice of the clerk of the court. He was pretty agitated.
Had he already called once and got no answer? So
sorry, I hadn’t registered. They’d been ready for ten minutes? I’d
be there at once. At once. Just a minute or two.
I glanced around and it took me a while to realize
where I was. Not at all close. I would have to run, and I
did.
I entered the courtroom about ten minutes later,
forcing myself to breathe through my nose and not my mouth, feeling
my shirt stuck to my back with sweat, and trying to look
dignified.
They were all there, ready in their places. Counsel
for the civil party, public prosecutor, clerk of the court,
journalists and, despite the late hour, even some members of the
public. I noticed that there were a number of Africans, never seen
at the other hearings.
As soon as he saw me, the clerk of the court went
through to inform the court that I had arrived at last.
I threw on my robe and glanced at my watch. Nine
fifty-five.
The clerk returned to his seat and then, in rapid
succession, the bell rang and the court entered.
The judge hurried to his place, with the air of a
man who wants to get some disagreeable duty quickly over and done
with. He looked first right, then left. He assured himself that the
members of the court were all in position. He put on his glasses to
read the verdict.
Eyes lowered, half closed, I listened to my
thudding heart.
“In the name of the Italian people, the Court of
Assizes at Bari, in accordance with Article 530, Paragraph One, of
the code of criminal procedure ...”
I felt a charge throughout my body and my legs
turned to jelly.
Acquitted.
Article 530 of the code of criminal procedure is
entitled “Verdict of acquittal”.
“... finds Abdou Thiam not guilty on the grounds
that the accused has not committed the offences with which he is
charged. In accordance with Article 300 of the code of criminal
procedure it decrees the cessation of the precautionary measure of
detention in prison at present in force against the defendant and
orders the immediate discharge of the aforesaid unless detained on
other counts. The court is dismissed.”
It is hard to explain what one feels at such a
moment. Because it’s really hard to understand it.
I stayed where I was, gazing towards the empty
bench where the court had sat. All around were excited voices,
while people patted me on the back and others grasped my hand and
wrung it. I wondered
what so many people were doing in a courtroom of the Bari Assizes
on 3 July at ten o’clock at night.
I don’t know how long it was until I moved.
Until among the babble of voices I distinguished
that of Abdou. I took off my robe and went to the cage. In theory,
he should have been released at once. In practice, though, they had
to take him back to the prison to go through the formalities. In
any case, he was still inside there.
We found ourselves face to face, very close, the
bars between us. His eyes were moist, his jaw set, the corners of
his mouth trembling.
My own face was not very different, I think.
It was a long handshake, through the bars. Not in
the usual way, like businessmen or when you are introduced, but
gripping thumbs with elbows crooked.
He said only a few words, in his own language. I
didn’t need an interpreter to tell me what they meant.