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24 June 2020 The investigating magistrate of Naples, Fabio Provvisier, has validated the arrest for evasion from home detention against the former director of TG4, Emilio Fede, but has not issued any precautionary measures against him, because he is territorially incompetent. The judge also ordered that the documents be sent to Milan for territorial jurisdiction. The former director of TG4, defended by the lawyer Gennaro Demetrio Paipais, delegated by the Milanese lawyer Salvatore Pino, therefore remains in house detention in execution of the sentence he is serving for the Ruby bis case.

"Smart and smart"
In the arrest validation order, the investigating judge of Naples explains that the exception of territorial incompetence, raised by lawyers Paipais and Pino, must be considered founded because "as can also be seen from the indictment, the fact was committed in Segrate (Milan) and only ascertained in Naples ". The Surveillance Court of Milan, among the prescriptions, had authorized Emilio Fede, since October 2019, to leave his home for treatment reasons. "... if you add to this - the investigating judge in the order - that he, as an intelligent and clever man, immediately declared spontaneously that he was in Naples for reasons of treatment, then this circumstance, together with the age and the fact that today is his birthday, considerably weaken the fire of fraud of escapism ".

In good faith
"And indeed - continues the investigating magistrate - because of the advanced age of the suspect and what he said at the time of his arrest, it is likely that, despite being aware of his condition as a prisoner, he left from his home in the erroneous belief that he could go to other places without authorization for reasons of treatment and, on the occasion, visit his wife and celebrate his birthday with the same ".

Sentenced to "Ruby Bis"
The former director of Tg4 is serving under house arrest the sentence of 4 years and 7 months that has become final in the Ruby Bis trial, but he had gone to Naples to celebrate his 89th birthday in the company of wife. With the latter he was found by the Carabinieri in a restaurant on the Neapolitan seafront and arrested for evasion from house arrest. Fede waited for the outcome of the hotel validation hearing. 

Word to the Milan Court
Therefore Fede, as already established by the Milan Surveillance Court, will have to return to his home in Segrate and spend the remainder of his sentence there (less than 4 years). The request of prosecutor Gloria Sanseverino to validate the arrest and order the precautionary measure of house arrest was therefore partially rejected by the judge, who sent all the documents to the Surveillance Court of Milan for a ruling on the merits.