At the hearing on May 9, 2009, this defense, having learned only during of the examination of the technical advisor to the PM, dr. Lorenzo Rinaldi existence of a report to signing it, pleaded that the failure filing of this supplemental investigation activities.
The Court rejected the opposition, stated: "in relation to what the
consultant submits, particularly with reference to the fact which does not make use of objective documentary subsequently acquired but estimates based on documentary evidence already available to all Parties l.eccezione (...) and you have not welcomed (...) go beyond " (Ud transcripts. 09/05/2009, pp. 56-57).
This argument is in no way acceptable as it is clear that the
documentation used in hearing adhered to supplementary activities
investigation and as such, under Article. 430 cpp, should be
immediately filed in the office of PM, with the option for the parties to examine it and take copies. In this case, however, the report
additional technical consultants to the signing of the PM, Rinaldi and Bohemia, was not filed in the Registry. Neither has been granted to the accused a preliminary hearing at the hearing to allow it to inspect and take copies. It is emphasized that the report in question by no means limited to be a mere repetition of evidence previously gathered and deposited, but These corrections based on scientific insights (ud transcripts. 9.5.2009, p. 54) which is undoubtedly recognized the character innovative, integrative and consequently, the previous activity.
