The court of Cassino has acquitted the mayor of Piedimonte San Germano, in the province of Frosinone, Gioacchino Ferdinandi (Forza Italia), his deputy Leonardo Capuano, the former mayor Vincenzo Nocella and the entrepreneur Piero Varlese of the vote-buying charge, but has instead sentenced two voters to six months in prison (with suspended sentences) for having cast that vote. At stake is the usability, or impossibility of use, of the statements of some defendants against others.
The story dates back to the 2018 municipal elections, won by Ferdinandi by a few votes over the primary Ettore Urbano. In the days following the proclamation of the elected officials, the Carabinieri received a very detailed report with the names of four voters who had voted for Ferdinandi in exchange for the promise of a job. Investigations began immediately and the checks gave rise to two lines of inquiry, one on the politicians and one on the voters. The latter become suspects based on the principle established by the Court of Cassation that "even just accepting the promise of an advantage in exchange for electoral support, even in the absence of the actual execution of the agreement, constitutes the crime".
During the trial today, the two voters exercised their right to remain silent . At which point the Public Prosecutor requested the acquisition of their statements made during the investigation. But under the latest rules introduced, those statements cannot be used against other defendants because they would not have the opportunity to respond.
In this way , all evidence against the administrators was lost (the PM had requested acquittal for the mayor alone). The two voters were convicted because in their statements they had admitted to having voted in exchange for work, incriminating themselves. And those words could have been used against them in the trial.
