'Vatileaks' trial begins

View from St Peter's Basilica

The trial against former Papal butler, Paolo Gabriele and Secretary of State employee Claudio Sciarpelletti opened yesterday, during which the Vatican Court ruled that he will be tried separately on two charges: of aggravated theft of private documents - and of aiding and abetting a crime.

The trial is linked to the leaking of the Holy Father’s personal and private documents to Italian press, which first came to light in March.

The opening session was preceded by an hour-long consultation in Council Chambers between the three presiding judges, during which they discussed pre-trial requests presented by the defense.

Gabriele, 46, was present at the session. Sciarpelletti was represented by his attorney. Nine of the thirteen witnesses called to testify were present. The Pope’s personal secretary Msgr Georg Gänswein was among those absent because of prior official commitments. Eight journalists where also present to follow court proceedings.

The trial itself got underway in the small Vatican Courtroom, when President of the Vatican Tribunal, Giuseppe dalla Torre, read the list of charges. Attorneys for the defence then presented their clients pleas.

Sciarpelletti attorney’s Gianluca Benedetti began by filing a 'not guilty' plea for his client who was absent – according to the lawyer - due to unspecified 'unexpected reasons'. Benedetti noted the lesser gravity of the charge against his client and presented a motion for a separate trial, which was accepted by the Court. This will take place at a later unspecified date.

The judges then proceeded to throw out requests presented by Paolo Gabriele’s defense attorney Cristiana Arru. She had asked the Court to allow as evidence the results of a separate investigation by the Commission of Cardinals, convoked earlier this year by Pope Benedict XVI, to investigate the broader implications of the leaks.

The Court ruled that the results of the investigation were reserved to Pope Benedict and cannot be counted as evidence. Judge dalla Torre emphasized that trial evidence will be solely based on the results of the investigation carried out in Vatican City State by Vatican City State police and prosecutors.

The Court also rejected the pre-trial plea for a ruling on 'Sub secreto pontificio'; in (evidence subject to Pontifical secrecy). The Court observed that this is not part of the criminal code of Vatican City State.

Instead the Court confirmed the legality of the installation of cameras near Gabriele’s house by Vatican police and upheld Arru’s request for the removal from the body of evidence of two interrogations of Paolo Gabriele which had been conducted by the head of the Vatican Police Domenico Giani, without the presence of a lawyer.

Other objections raised by Arru are pending - these include the issue of the 82 boxes of different sizes, seized in Gabriele’s house as well as objections relating to the way the search was carried out.

The trial has been adjourned until Tuesday, when Paolo Gabriele is due to take the stand. Should he be found guilty he could face up to a maximum four years in prison.

Gabriele was arrested in May, accused of passing papal correspondence to journalist Gianluigi Nuzzi, whose book 'His Holiness: The secret papers of Pope Benedict XVI' was published that month. The butler was kept in a Vatican prison cell for several weeks before being moved to house arrest in July.

Source: VIS/Vatican Radio