Rome — A Vatican appeals tribunal declared a mistrial Tuesday in the Holy See’s biggest “trial of the century,” a stunner for both Pope Francis’ legacy and Vatican prosecutors, who tried the cardinal and several others over alleged financial crimes.
In a 16-page ruling, the appeals court ruled that both Francis and Vatican prosecutors had committed procedural errors that overturned the original indictment and required a new trial. The court fixed June 22 as the date to start a fresh trial.
Defense lawyers said such a ruling would be enormously significant, if not historic, because it would mean the Vatican court would declare the pope’s act null and void.
The verdict is a victory for the defense and a major setback for Vatican prosecutors, who are scrambling to save their case. The prosecution and 2023 indictments against Cardinal Angelo Besiu and others were held up by the late Pope as evidence of his willingness to crack down on financial abuses in the Holy See.
The case centered on the Vatican’s investment of 350 million euros ($413 million) in London property. Prosecutors said brokers and Vatican monsignors fleeced the Holy See of tens of millions of euros in fees and commissions to acquire the property and then extorted the Holy See for 15 million euros ($16.5 million) to relinquish control of it.
The original investigation turned up two main tangents involving the cat, a once-prominent Vatican cardinal and a future papal contender. He was convicted of embezzlement and sentenced to 5½ years in prison. The tribunal also convicted eight other defendants of embezzlement, abuse of office, fraud and other charges.
They all pleaded not guilty.
During the initial trial, Becky’s attorney in particular complained that the prosecutors did not turn over all the evidence to the defense, violating his right to a fair trial. Prosecutors have redacted some documents, withheld the cellphone records of a key prosecution witness and redacted texts among players, arguing that such omissions were necessary to protect the confidentiality of other investigations.
Defense lawyers have alleged that four secret rulings signed by Francis that give prosecutors broad powers to investigate violate defendants’ right to a fair trial. Because the judgments were never published, he learned of the judgments before the trial began.
The Court of Appeal accepted both arguments.
In ruling, the appeals court found that one of Francis’ rulings amounted to law and overturned it because Francis had failed to publish it. The court ruled that Vatican prosecutors’ failure to turn over all their evidence to the defense invalidated their original indictment.
Defense lawyers are happy with the verdict.
“For the first time in Vatican history, the Vatican failed to publish the historic ruling of the Court of Appeals ruling that the papal rescript was invalid and void—in our view a complete nullity of the investigation and trial,” former Vatican official Fabrizzi said in a statement, lawyers Massimo Bassi and Cataldo Intrieri.
“We are confident that we will be able to reach a speedy conclusion to the trial, with a verdict of acquittal most likely.”
The tribunal, headed by Archbishop Alejandro Arellano Cedillo, ordered prosecutors to deposit all documents “in their original form” by April 30. The defense was given until June 15 to prepare their motion before the June 22 start of the new trial.
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(tags to translate) Indictments
