The investigation, due to four decrees from Pope Francis, was carried out with huge leeway for actions usually not permitted by Vatican law, including the use of wiretaps. If the court orders the investigation to begin again, these allowances would no longer be available to investigators.
The case is in jeopardy because of missing materials prosecutors have not made available to the defense attorneys. Most contested are the video files of interviews with Msgr. Alberto Perlasca, a suspect of the investigations who was not charged and is now a significant witness for the prosecution.
Defense lawyers say they need to review the recordings because a summary they were provided with is missing information.
They are also still waiting to receive copies of forensic evidence gathered from defendants’ phones and computers, which were due to be received on Aug. 9.
Alessandro Diddi, the deputy prosecutor and lead investigator on the case, has yet to follow the judge’s order to make the tapes available.
Diddi said on Oct. 5 that he would like to share the video recordings, but claimed that his hands were tied due to concerns about “privacy” for the people involved.
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