The Italian prosecutor involved in the trial of Shell, Eni and others, in the controversial Oil Prospecting Licence (OPL) 245 case, Fabio De Pasquale, has been demoted by the country’s Superior Council of the Judiciary (CSM) for his role in the proceedings.
An Italian newspaper, Ilgiorno, reported that De Pasquale was demoted for “lack of impartiality and fairness” in the way he handled the prosecution at the Court of Milan.
Recall that in 2021, a former Minister of Justice and Attorney General of the Federation, Mohammed Adoke, had petitioned Italy’s Minister of Justice over the conduct of De Pasquale.
Adoke, through his counsel, accused the prosecutors of unlawful acts of intimidation/threat to life, forgery of documents/evidence intended for unlawful interference with the administration and perversion of the course of justice.
The Italian was also said to have hidden critical evidence that would have exonerated the defendants and is facing a separate hearing over the allegation.
Adoke said that the prosecutors acted “maliciously and unprofessionally” to his detriment even though he was not a direct party to the criminal prosecution and was not on trial before the Milan Court.
Eventually, the court discharged all persons and companies accused of fraud and bribery in the transaction.
De Pasquale, who was Assistant Prosecutor at the Court of Milan with semi-managerial prosecuting functions, was rejected by 23 of the 27 members of the CSM, including its Vice President, Fabio Pinelli, while four members abstained from voting.
“It is, therefore, demonstrated that De Pasquale lacks the prerequisites of impartiality and balance, having repeatedly exercised jurisdiction in a manner that was neither objective nor fair with respect to the parties, as well as without a sense of proportion and without moderation,” the CSM resolved.
The judges opined that De Pasquale’s style projected “a negative prognostic judgment” on the possession of the prerequisites of impartiality and balance, also for the purposes of confirmation in the magistrate in semi-managerial functions.
De Pasquale is on trial in Brescia for omission of official documents, while disciplinary proceedings and an official transfer procedure due to “environmental incompatibility” have been opened against him at the CSM. Both proceedings against him are still ongoing.
The implication of the decision is that De Pasquale will lose his role as deputy prosecutor and will return to being a simple substitute, as well as will not be able to apply for further management positions in the future.
