Lawyer for De Pasquale and Spadaro after the final acquittal: "The independence of the magistrates is reaffirmed, they have not hidden anything"

The Italian Supreme Court of Cassation has overturned the conviction of prosecutors Fabio De Pasquale and Sergio Spadaro, who had been found guilty of withholding documents favorable to the defense in the Eni-Nigeria corruption case. The court ruled that the charges did not hold, stating that "the fact does not exist." This decision effectively clears both prosecutors of the eight-month prison sentences they were given in the first and second instances by the Brescia courts. The ruling marks a significant reversal in a legal saga that spanned several years and involved complex legal arguments surrounding procedural obligations and the interpretation of evidence.

The case originated from the broader Eni-Nigeria investigation, which centered around allegations of international corruption linked to the acquisition of the OPL 245 oil field in Nigeria in 2011. The prosecution had claimed that a substantial bribe was paid to Nigerian politicians and managers, but this entire accusation collapsed when all defendants were acquitted in the main trial. Alongside this, the legal proceedings against De Pasquale and Spadaro arose from their alleged failure to provide certain documents to the defense during the trial. These documents had been collected by another prosecutor, Paolo Storari, as part of a separate investigation into what was termed the "false conspiracy" involving Eni.

According to the indictment presented in Brescia, De Pasquale and Spadaro were accused of not delivering these documents to the defense during the main trial. However, the Cassation Court's decision contradicts this narrative entirely. The court emphasized that there was no actual refusal to submit documents and that the actions taken by the two prosecutors were based on legitimate strategic considerations rather than negligence or omission. The court also pointed out that the material aspect of the alleged offense—namely, the existence of such documents—was not supported by the evidence, nor was there a legal requirement to deposit them at that stage of the proceedings.

The ruling highlights the distinction between procedural decisions made by prosecutors and potential criminal liability. According to the Cassation Court, the conduct of De Pasquale and Spadaro was proactive rather than passive or negligent. Their decision not to include the documents in the trial was based on professional judgment, and the court concluded that this action did not constitute a punishable offense under the law. The court’s decision underscores the importance of interpreting legal procedures accurately and distinguishing between routine prosecutorial discretion and actionable misconduct.

The acquittal of De Pasquale and Spadaro comes after five years of legal battles, including initial convictions in both the first instance and appellate courts. Their defense team, led by lawyers Massimo Dinoia and Fabio Federico, expressed relief and satisfaction with the outcome, emphasizing that the Cassation Court's decision affirmed the autonomy of prosecutors in making strategic decisions within the bounds of the law. They noted that the court's conclusions were comprehensive, addressing both the absence of the factual basis for the charges and the lack of subjective intent required to establish criminal responsibility.

The case has raised important questions about the role of prosecutors in handling sensitive evidence and the boundaries of their responsibilities during trials. It also brings into focus the complexity of international corruption cases, where multiple investigations can intersect and lead to conflicting interpretations of evidence. The acquittal of De Pasquale and Spadaro serves as a reminder that legal proceedings must be grounded in clear evidence and precise legal standards, particularly when dealing with high-profile cases involving multinational corporations and foreign jurisdictions.

As the legal community digests the implications of this ruling, it remains to be seen how this will affect future prosecutions and the interpretation of similar charges. The detailed reasoning behind the Cassation Court's decision is expected to be published soon, providing further clarity on the legal principles applied in this case. For now, the acquittal stands as a definitive end to the legal proceedings against De Pasquale and Spadaro, reinforcing the principle that legal accountability must be based on solid factual and legal foundations.