Accused of being a Russian spy, Walter Biot goes to trial: but the naval officer cannot know the evidence against him
THEOn March 14, the trial of Walter Biot begins, Italian military accused of espionage in favor of Russia. The officer of the Italian Navy, serving in the Military Policy Office of the Defense Staff, was arrested on March 30, 2021 after being intercepted and followed by the ROS carabinieri. He is accused of selling military documents to an official of the Moscow embassy in Rome, Dmitri Ostroukhov. Biot was filmed in his office by a hidden camera while he was photographing some classified documents. The meeting with Ostroukhov would have ended with an exchange of money, 5,000 euros. Biot is currently being held in the military prison of Santa Maria Capua Vetere. He risks from 5 years in prison to life imprisonment.
We asked the lawyer Roberto De Vita what his client’s defense line will be
“It is a process where an alleged reason of state and the rule of law will confront each other. To date, the defense has not had the opportunity to know the evidence against Walter Biot. The classified documents are not accessible, their content is not known and therefore their relevance in terms of potential disclosure, of documents, electronic and IT media, smartphones, tablets, notebooks that are considered to be the basis of the conduct. All this while a tragedy is unfolding in the heart of Europe. The emotional potential that is always present in the processes could negatively affect the collective perception of the meaning of this process “
Are you telling us that the evidence against Biot is not accessible? But if they are not accessible, how can a trial be carried out and how can you defend yourself? Without the right to defense, a trial cannot be held …
“This is the theme that has been dragging on from the debut, from the day of his arrest. And keep in mind that it does not concern only and so much the classified document, the photographed or non-photographed paper documents that there may be with respect to which we have no knowledge of the content or relevance, or dating, so we know nothing but we don’t even know anything. of all the potential elements of technical evidence, from USB devices to mobile phones, to computers, on which, presumably, the traceable traces would be present. These documents and elements have never entered the defense’s availability even in the context of technical investigations “
I imagine you have asked for access to these documents. How was the inability to access it explained?
“Up to now they have opposed the NATO secret … it is the great short circuit of this process. Take into account that it is a situation that concerns not only the defense, but also the public prosecutor, ordinary and military, as well as the judges who were unable to see the documents and the elements underlying the accusations “
So what is the trial about?
“On statements that are made by subjects who would have carried out investigation and analysis activities and who bring their evaluation there in the process. There is currently an impossibility to carry out a fair trial according to the constitutional principle of the formation of evidence in the cross-examination of the parties before the judge “
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