The condemnation of Luigi De Magistris is making a lot of noise, and the main cause is precisely the person concerned, who refuses to resign. The mayor of Naples received a 15-month sentence from the Court of Rome for abuse of office in the context of the Why Not investigation, which laid the foundations for the fall of the second Prodi government.
Together with his IT consultant Giocacchino Genchi, De Magistris is accused of having acquired between 2006 and 2007, without the necessary authorizations from the Chambers to which he belongs, the utility records of five MPs: Romano Prodi, Francesco Rutelli, Clemente Mastella, Marco Minniti and Antonio Gentile.
“I am deeply saddened to have received a conviction for non-existent facts – wrote the mayor on Facebook -. But I would do it all again, and I will not give in to the temptation of completely losing faith in the state".
In addition to the penalty, a ban on public office was requested for the former prosecutor of Catanzaro, as required by the Severino law. For the two defendants, the suspension of the principal and ancillary sentences was also ordered, together with compensation for damages in favor of the plaintiffs and a provisional one. In all, 20 thousand euros.
According to the president of the Senate, Piero Grasso, “De Magistris will evaluate the situation as best he can. He knows very well that if he doesn't do it, there would still be a provision from the prefect as soon as it becomes enforceable or the motivation is deposited. The Severino law must be applied, it has already been applied to other mayors as well. I think it's inevitable. Then of course there will be the continuation of the appeal, of the appeal which will eventually be able to give a definitive outline to the story ".
He was echoed by the vice president of the Senate, the grillino Luigi De Maio - who did not fail to remind the mayor of the promises not kept in Naples -, Marco Travaglio, a harsh editorial by Demarco on the Corriere, and also the president of the Anti-corruption Authority Raffaele Cantone.
However, there is no mention of resignation at Palazzo San Giacomo, the seat of the Municipality of Naples: “They would like to apply the short suspension for me – comments De Magistris -. A former Minister of Justice who happens to be the defender of my counterpart in the trial in Rome asks for it on the basis of the Severino law. And the rule was approved while the process was underway. They ask me to resign for this sentence, but looking in the mirror and feeling ashamed those judges must resign. I am confident that this government experience can continue until 2016”.
The frontal attack on his former colleagues was therefore harsh, but the ANM replied in a note, judging the statements made by Luigi de Magistris towards the judges of the Court of Rome "serious and offensive. While not going into the merits of the legal case, the Association observes that the expressions used go well beyond the limits of a legitimate criticism of a sentence, because they express contempt for the jurisdiction. These are all the more unacceptable words since they come from a man of the institutions who has also carried out the judicial function for years ".
“The statements made by Luigi de Magistris against the judges of the Court of Rome are serious and offensive – writes the National Association of Magistrates in a note. “While not going into the merits of the legal case, [the ANM] observes that the expressions used go well beyond the limits of a legitimate criticism of a sentence because they express contempt for the jurisdiction. These are all the more unacceptable words since they come from a man of the institutions who has also performed the judicial function for years ". In addition to the clear underlying inconsistency, well denounced by the Association of Italian magistrates, there are illustrious precedents from which it will be difficult to escape. Above all, the removal of Silvio Berlusconi from public office in relation to the conviction for tax evasion.
