Beginning of the evidentiary incident on Garlasco. Technically, what will be decided? What are the points to be clarified?
Track No. 33 will not be submitted for examination: the test tube was not found.
3' min read
Key points
3' min read
What is meant by evidentiary accident?
The evidentiary incident is an institute of criminal procedural law that allows the gathering of evidence in advance of the trial stage, i.e. the trial proper. This means that, under certain circumstances, certain evidence may be gathered before the trial begins, during the preliminary investigation phase, or during the preliminary hearing.
How does it work?
.The evidentiary accident takes place in a specific hearing, which is held in chambers, thus without the presence of the public. Evidence is taken in the same manner as in a trial, e.g. testimony is gathered by cross-examination.
The judge responsible for the evidentiary incident in the Garlasco case is the gip (judge for preliminary investigations) Daniela Garlaschelli.
Technically what will be decided?
.It started this morning at 10.30 a.m. the maxi evidentiary incident on the Garlasco murder to:
1) isolate DNA from 'biological samples' and 'findings':
a) never analysed;
b) with dubious results and preserved for almost 18 years since Chiara Poggi's murder.
What points need to be clarified?
.At the Questura in Milan, the 11 experts from the Court of Pavia and consultants from the public prosecutor's office and the defence will have to:
1) verify the chain of custody of the exhibits, including fragments of a bath mat, tea packets, cereals, biscuits, yoghurt, rubbish bags, and the correspondence between the delivery reports and the actual contents of boxes and sealed envelopes;
2) draw up a road map of the investigations to be carried out in cross-examination in the 90 days granted by the gip to file the final report by 17 September, to be discussed at the hearing on 24 October.
