Motivations

Milan, re-examination of urban planning investigation: 'Catella's chats do not show evidence of corruption'

This was written by the Court of Re-examination in the order for the release of Manfredi Catella, as part of the investigation into urban planning in Milan involving over 70 members, including the mayor Giuseppe Sala

by Sara Monaci

Un ingresso del grattacielo The Nest in via Fontana 22, una delle opere finite nell’inchiesta sull’urbanistica della Procura di Milano

3' min read

3' min read

With the Re-examination Court's motivations against Coima CEO Manfredi Catella - the last of the six suspects awaiting the judges' opinion after being released from custody -, the maxi-urban planning investigation by the Milan Public Prosecutor's Office comes out weakened, although the investigation continues and this is not the place to put a definitive end to it.

Even in Catella's case - as had already been the case for architect Alessandro Scandurra, a member of the Milan City Council's Landscape Commission, and Bluestone manager Andrea Bezziccheri - the judges saw little substance in the bribery charge. For Scandurra, the panel of judges had even spoken of a 'debasing' accusation, because it forces the syllogism that the payment of a fee necessarily corresponds to corruption.

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The one called upon to justify Catella's release from house arrest on 22 August is a different panel, as are the tones used. But even in this case it is stressed that corruption has yet to be proven, and that the chats with the mayor and councillor or with the members of the Landscape Commission only reveal an extreme confidence, not a system of corruption. There is therefore talk of a relationship of 'excessive confidence' that in some cases led to 'improper contacts', but no 'corrupt pact'.

It was intuitive that this could be the direction of the verdict, considering that a large part of the investigation revolves around the relationship between Catella, considered the alleged corruptor, and architect Scandurra, considered the alleged corrupt by the prosecutors but not by the review court.

The Ricciardi-Braggion-Cucciniello panel specified that 'the chats extrapolated from Catella's telephone, which photograph the suspect's continuous interlocutions with various subjects (other than Scandurra)' concerning the project for the redevelopment of the so-called Pirellino, do not show 'any element to be able to consider an underlying corrupt pact operating and that obtaining the favourable opinion of the Landscape Commission on the P39 Project was linked to this pactum sceleris'.

The chat conversations acquired by the Milanese prosecutors, including those with the former city councillor for urban planning Giancarlo Tancredi and the general director of Palazzo Marino Christian Malangone (both under investigation) "do not reveal any symptomatic elements of the existence of underlying corrupt agreements, highlighting at most improper contacts, due to the excessive confidence between the interlocutors that resulted in exchanges of information and technical evaluations on projects, and of solutions to overcome critical issues, with the prospect in some cases of negative consequences both from a technical and legal point of view, but which never materialised into signs of the existence of a pactum sceleris between the parties'.

Finally, the judges define Scandurra as a high-level professional, 'the recipient of international recognition who actually carried out the aforementioned assignments and received the relevant remuneration', this is the part that reinforces the opinion already expressed by the panel of judges Pendino-Ghezzi-Papagno. In the investigation documents, they point out, 'there is no trace of over-invoicing or false invoices. There is no concrete and pregnant evidence on the basis of which to believe that the design assignments were given to Scandurra because of his public function and not because of his activity as a freelancer. Different conclusions could be reached,' the judges of the re-examination point out, 'if the corrupt pact had been demonstrated, but as mentioned, this did not happen.

Moreover, on another front, 'it does not appear that Catella had knowledge' and neither 'could/should have had knowledge' of the 'articulated legislation' that 'regulates and governs cases of conflict of interest for public officials'.

A hard blow for the investigations of the prosecutors, who can nevertheless say that they have found confirmation with three other suspects, former councillor Tancredi, entrepreneur Federico Pella and former chairman of the Landscape Commission Giuseppe Marinoni, all released from custody but given different reasons. The most delicate position, judging by the re-examination judgement, is therefore that of Tancredi, on whom hangs the strong judgement of having 'a high criminal attitude'. He and Marinoni, according to the judges, would have 'distorted the public function', speaking of a real 'commodity'; Tancredi would have had in this system of illegality 'return benefits' given by his role and visibility.

If we were to limit ourselves at this time to the grounds of the re-examination, the investigation would have to be partly rewritten, because at this point it is no longer clear who the corrupt and who the corrupters are. In the meantime, the public prosecutor appealed to the Court of Cassation against Scandurra's release from house arrest.

 

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Inchiesta urbanistica Milano, Nordio: “Con riforma non ci sarebbero stati arresti”
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