“The defence at the original trial was entrusted to Avvocato Costamagna.” I’d thought of saying “the late lamented Avvocato Costamagna”, but I just couldn’t do it. “The trial took place at a time when he was already in bad health and the effects of the illness were having an effect on his professional activities. I don’t know if you’ve had time to read the ruling and the trial transcripts.” I was almost certain he’d never even looked at the case file. His degree of attachment to his work was expressed in visual terms by his very tidy, very clear desk, without a single sheet of paper on it.

“I did glance at it,” he replied evasively, “but I still have to examine everything carefully.” Precisely. He was waiting for the summary from his associate judge at the beginning of the appeal hearing. He probably wouldn’t even open the case file. “Have you been appointed by the accused?”85

“Yes, Your Honour. I took the case only a few days ago, when the date for presenting new grounds for appeal and for submitting new evidence was already due.” I leaned a little more towards him, across the desk, assuming a conspiratorial air. “May I speak very frankly, Your Honour?”

He frowned and now, in an equal and opposite movement, leaned towards me and looked me in the eyes. I imagine that to anyone watching we’d have looked like two characters in a farce. “Of course,” he replied, nodding.

“When you do take a look at the proceedings, you’ll realize that the quality of the defence accorded the accused, Signor Cardace, at the original trial didn’t live up to the standards to which poor Avvocato Costamagna had accustomed us. In his last couple of years, he wasn’t as clear-headed as he had been, and it’s possible that not everything that could and should have been done was done. On this basis, as you can well imagine, I need a few days to prepare and, above all, to evaluate the possibility of formulating requests.”

I paused, in case he wanted to cut in. He didn’t. Basically, he just wanted to avoid problems.

“Obviously, I’d prefer not to make explicit or official what I’ve just told you about Avvocato Costamagna’s difficulties in the last years of his work, and unfortunately of his life, but what we’re talking about here is the requirement to safeguard the right to a defence. I repeat, I’d rather not go into details, let alone make these doubts public, but the problem does exist.”

“So what would you like to do?”