GIULIANI AND GAGGIO v. ITALY JUDGMENT
25
could legitimately make use of his weapon irrespective of where he was
wearing it or where he drew it from;
(c) any attempt to identify the person who had thrown the stone which
deflected the bullet (see paragraph 79(c) above) was bound to fail, as it was
not realistic to imagine that a demonstrator would have followed the
trajectory of a stone after throwing it. In any event, it would be impossible
to identify the person concerned and his or her statements would have no
bearing on the technical findings in the judge's possession;
(d) no purpose whatsoever would be served by further examining the
demonstrators Monai and Predonzani concerning the conduct of the
carabinieri inside the jeep, the number of demonstrators in the vicinity of
the vehicle, the person inside the jeep who had actually seized the weapon,
Carlo Giuliani's position or the number of the jeep's windows that were
broken (see paragraph 79(d) above). Those witnesses had made statements
very shortly after the events, while the latter were still fresh in their minds;
the statements contained extremely precise details which were confirmed by
the video footage and photographs in the file. Lastly, it was not relevant to
establish how many of the jeep's windows had been broken as it was beyond
dispute that some of the right-side windows and the rear window were
smashed;
(e) it was unnecessary to take evidence from Mr D'Auria, supposedly to
confirm that no Molotov cocktails had been thrown on Piazza Alimonda,
contrary to M.P.'s assertion, or to determine how far away Mr D'Auria had
been when he took the photograph which the prosecuting authorities'
experts had used as a basis for the ballistics reconstruction. The photograph
in question had been merely a starting point for determining Carlo Giuliani's
position, which had been deduced from the position of the persons in
relation to the fixed elements on the square. Furthermore, M.P. had never
asserted that Molotov cocktails had been thrown on Piazza Alimonda; he
had simply spoken of his fear that they might be;
(f) with regard to the request to hear evidence from Sergeant-Major
Primavera as to when the hatchback window of the jeep had been smashed,
the photographs showed clearly that it had happened well before the shots
were fired and that the latter had not been the cause of the smashed window;
even if the witness whom the applicants wished to see called perceived the
matter differently, this would not alter those findings;
(g) the footage recorded on Piazza Alimonda by two carabinieri whose
helmets were equipped with video cameras was already in the file;
(h) there was nothing to be gained by hearing evidence from carabiniere
V.M. concerning the practice of cutting the tips of bullets (see
paragraph 79(e) above). It could only be assumed that this improper practice
was not widespread; in any event, the findings of the ballistics reports,
based on objective tests, were already available. There was nothing to
indicate that M.P. had adopted the practice in question in this case, given