Patrick Lumumba Diya, 40 years old in May, is standing up for his rights. While attending assise court, the one where Amanda Knox and Raffaele Sollecito are being tried for complicity in wilful murder and complicity in sexual assault on poor Meredith Kercher, he has started civil proceedings against Amanda for the crime of calumny, [and] from the judges of the appeal court he is [also] seeking the granting of an equitable indemnity for unjust imprisonment suffered (15 days, from 6 to 20 November 2007) and for the moral, social, economic and health damages flowing therefrom. From the State (US: the People), Patrick is asking for the maximum indemnity: 516,000 euro.
“Patrick,” explains his lawyer, Carlo Pacelli, “is currently out of work. Economic difficulties have forced him to close the pub that he used to manage in the old town centre (the Le Chic in via Alessi, ndr [=editor’s note]).” The local, where Lumumba was working on the night when Kercher was killed, was placed [off limits] under sequestration during the initial phase of the inquest. After being released, the musician re-opened it but he then had to finally suspend activities due to lack of clientele. Furthermore in his petition – in which he has included a consultation with Doctor Davide Albrigo – Lumumba claims to have suffered psychological damages stemming from the stress of the arrest (the exact diagnosis is of “chronic post-traumatic stress disorder”).
“We ask for compensation from the State because the arrest was carried out,” emphasises Pacelli, “on the basis of the sole declaration of Knox, without there having been any corroboration”. As is known, during the interrogatory hearing before investigating magistrate Claudia Mattei, Lumumba strongly denied the accusation, maintaining he had always been, on the night of the murder, in his pub in via Alessi and he was able to show how his affirmations were true and sincere with the testimony of a great number of witnesses, amongst which there was even a Swiss teacher/lecturer on a school trip to the Umbrian capital [=Perugia].
A month and a half ago, Patrick’s family increased by one. His wife, Alexandra, gave him a gift of a beautiful baby girl, joining the company of a toddler who at the time of his father’s arrest was 1 [year] and 8 months old.
Yesterday, Patrick was in town. “My life was destroyed by that arrest,” he explained. It is sufficient to place yourself in the shoes of an ordinary person who, at dawn one morning, sees the police descend on their house and to hear themselves being accused of terrible, horrendous crimes.
Yesterday, someone remarked that, for 516,00 euros, they’d be willing to be held in jail for fifteen days. But here’s a sobering thought: Patrick would not have known that they would have freed him after fifteen days. And in any case, a married man with offspring, arrested within sight of his wife and child, who sees his economic endeavours founder [franare], who suffers psychologically from the stress of the situation in which he finds himself, more so for being widely known at the international level [and] treated as the face of the case he found himself involved in, disseminated worldwide by newspaper, television and the Internet: it’s enough to drive you round the bend [US: make you go crazy].
And so Patrick, accompanied by his lawyers (Pacelli and Sabrina Scaroni) comes to, and listens attentively to, all the hearings in the criminal case against Amanda Knox and Raffaele Sollecito.
“We’ve reached the seventh hearing”, he stresses, “and I continue to have faith in justice. I’m hearing criticism coming from other places against Italian justice but, instead, for me, it is quite positive and garantista [=”a defender of rights"].
In his case, Patrick is proceeding against Amanda for the crime of calumny [=”a type of criminal slander”, in Common Law parlance]. “When she came to my pub, I don’t remember if it was the end of September or the beginning of October in 2007,” says Lumumba, “I had a good impression of her. And it could not have been otherwise, because I took her on for a job ...[ellipsis in original]”
His nightmare stems from the morning of 6 November, with the swarming [irruzione] of police into his house, in via Eugubina. “It’s a bad memory that I haven’t been able to forget, I think it might never be removed. I was thinking that with time it might have faded, maybe even disappeared. Instead, it continues to rack my brain, to torture me and to torment me, and to weigh on and influence my existence and that of my family”.