There does not emerge "in any way from the deeds a finalization of the purchase of the asset of illicit origin, by Tronchetti Provera, other than that of reporting facts committed against himself, his family or the company he presides over", i.e. a "real aggression", and his "defense" was "proportionate to the offense". The Court of Appeal of Milan writes it in the reasons for the sentence with which it acquitted with full formula, last February 9, the president of Pirelli, at the time of the events "number one" of Telecom, accused in the so-called "Kroll case ” and defended by lawyers Marco De Luca and Giuseppe Lombardi.
The trial for the accusation of receiving stolen goods concerned a CD with data collected by the Kroll investigation agency in 2004, when a clash was underway between Telecom and some Brazilian investment funds for control of Brasil Telecom. Kroll was carrying on a business of
espionage against the telecommunications group and the Tronchetti family and that data had then been intercepted by the IT experts of the Tiger Team, a structure employed by Giuliano Tavaroli in charge of Telecom's security, with a hacking operation.
According to the Court, which has recently filed its reasons, the fact that Tronchetti was allegedly - convicted in the first instance and then acquitted (sentence later annulled by the Cassation with reference to this appeal 'bis') - "to decide to send the material to the Brazilian police". And moreover, according to the panel, in this case the "justification cause of legitimate defense" is "recognizable", which "turns out to have prompted Tronchetti Provera's action". In fact, it was Tavaroli himself who suggested "to the president of Telecom the existence of an intrusive action by the agency involving Kroll against him and his family, with the aim of damaging Telecom ltalia".
It therefore emerges, the Court writes, "that the picture envisaged was that of the imminent (or partially already implemented) infringement of the objective rights of Tronchetti Provera and his family members, in the context of a project, already under implementation, aiming to the discredit of Telecom and its main representatives, to be carried out possibly even with illicit means (interference in company secrets through industrial espionage and in the private life of Telecom representatives, slander or defamation against the most prominent personalities or their families )”.
