Go to content

Other witnesses - The Record Speaks

This publication is grounded in fundamental rights:  
- Art. 6, 8, 10 ECHR (defence, private life & reputation, public‑interest documentation)  
- Art. 2, 21, 24 Italian Constitution** (fundamental rights, freedom of expression, right to defence)  
- Art. 89 GDPR (archiving in the public interest)
This platform operates as a website integrated with a Progressive Web App (PWA).
A small “Install” button should appear in the bottom‑right corner of your screen,
although its visibility may vary depending on your system configuration and browser settings.

THE RECORD SPEAKS

“Protection Mode enabled — Security Level 4.25/5.
System running with intermediate safeguards and enhanced telemetry collection.”

“Protection Mode enabled — Security Level 4.25/5.
System running with intermediate safeguards and enhanced telemetry collection.”

“Protection Mode enabled — Security Level 4.25/5.
System running with intermediate safeguards and enhanced telemetry collection.”

“Protection Mode enabled — Security Level 4.25/5.
System running with intermediate safeguards and enhanced telemetry collection.”

“Protection Mode enabled — Security Level 4.25/5.
System running with intermediate safeguards and enhanced telemetry collection.”

“Protection Mode enabled — Security Level 4.25/5.
System running with intermediate safeguards and enhanced telemetry collection.”


Notice: The Progressive Web App (PWA) - STATUS: OK / WEBSITE - STATUS: OK
Skip menu
therecordspeaks.it
Skip menu

Other witnesses

The Case File > Witness of Statements > Defence witness
📘 Reconstructed Account of Observed Conduct During the Hearing of 22 November 2022
date: 01/12/2025

Authoritative Summary Based on Protected Witness Testimony and Verified Factual Recollection

1. Procedural Framework and Evidentiary Context
This reconstruction concerns the conduct observed during the judicial hearing of 22 November 2022.
It is based on:
  • the direct observations of Mr Riccardo Gresta and two protected witnesses, who were physically present in the corridor outside the courtroom;
  • Mr Gresta’s first‑hand factual recollection of the events.
The names of the witnesses are intentionally omitted in full compliance with GDPR requirements, privacy safeguards, and the protected status of the individuals involved. Their anonymity ensures lawful processing of personal data and protects vulnerable witnesses.
These observations acquire procedural relevance because no institutional transcript, video recording, or contemporaneous documentation has ever been produced for this segment of the hearing.
This absence persists despite the public nature of the hearing and despite multiple formal disclosure requests submitted by Mr Gresta.
The lack of institutional documentation constitutes a material omission under principles of procedural fairness and adversarial rights.
As a result, the probative value of the witness testimony and the reconstructed chronology is significantly elevated.
Should any institutional record be produced at a later stage, such material cannot be presumed authentic without independent forensic verification, due to the procedural delay and the inherent risk of retrospective alteration or selective disclosure.

2. Chronology of Events and Observed Behaviour
While waiting for the arrival of legal counsel, Mr Gresta and the two witnesses remained in the corridor immediately outside the courtroom.
During this period, the following sequence of events was jointly observed:
  • Mr Mark Jobling entered the courtroom with other members of the prosecutorial delegation.
  • Moments later, he exited the courtroom and walked directly toward Mr Gresta.
  • His posture, facial expression and trajectory were perceived by all three witnesses as deliberate, confrontational and intimidatory.
  • He then withdrew, only to repeat the same approach‑and‑retreat pattern on at least three separate occasions.
  • No other individuals were present in the corridor, eliminating alternative explanations based on crowd movement or spatial constraints.
  • The conduct was also reported to the individual identified to the witnesses as “Gareth Jones”, described as being part of the ESCC prosecutorial side (ESCC Legal Services / the accusation), who was present in the same area and to whom the unusual behaviour was communicated at the time.
This repeated behaviour occurred in a quiet, empty corridor, making the targeted nature of the gestures particularly evident.

3. Interpretative Assessment and Procedural Implications
No verbal exchange took place.
However, the repetitive, directional and unprovoked nature of the conduct may reasonably be interpreted as a form of psychological pressure.
Given:
  • Mr Gresta’s documented vulnerability,
  • the emotionally charged context of the proceedings,
  • and the absence of any procedural justification or institutional oversight,
the conduct may be considered procedurally inappropriate and potentially prejudicial to the integrity of the hearing.
The lack of intervention or clarification by court staff further reinforces concerns regarding institutional oversight, the safeguarding of vulnerable individuals, and the adequacy of protections within the judicial environment.

4. Archival Classification and Editorial Safeguards
This reconstruction is classified as:
Protected Witness Statement – Court Corridor Conduct (22 November 2022)
Based on direct observation by the subject and two protected witnesses.
Supplementary Note on Defence Conduct
Defence Conduct – Failure to Engage with Available Witnesses (22 November 2022)  
Observed omission: solicitor Noelle Magennis did not consult the witnesses present, despite their direct observation of the prosecutorial conduct.
This material is published in accordance with editorial standards for protected testimony and is subject to privacy safeguards due to the protected status of the witnesses.
It may be referenced in procedural reviews, legal submissions or institutional inquiries, provided that its protected status is duly acknowledged.



S
Procedural Closure – Status Recorded   

This notification was formally issued to all relevant entities, who were offered the opportunity to provide clarifications or counter‑documentation. As of the present date 21 February 2026, no objections, corrections, or alternative factual reconstructions have been submitted. The notification phase is therefore considered procedurally closed. A right of reply remains available, but any late submissions will not alter the factual framework established during the notification period.

The Record Speaks


Italiano (vincolante)  
Tutti i disclaimer sono raccolti sotto la voce del menu principale “Disclaimer”, in versione bilingue (Italiano vincolante / Inglese di cortesia).
English (courtesy translation)  
All disclaimers are collected under the main menu item “Disclaimer”, in bilingual version (Italian binding / English courtesy).



Italiano (vincolante)  
Per segnalarci una legge citata errata, fare richieste di Rettifica, Replica o Accesso alla documentazione, utilizzate il link dedicato oppure andate alla pagina Contact Us sotto il menu About Us.
English (courtesy translation)  
To report an incorrect legal citation, or to request Rectification, Reply, or Access to documentation, please use the dedicated link or go to the Contact Us page under the About Us menu.




This website uses an internal analytics system which collects data in an aggregated and anonymous form for statistical purposes only, and does not carry out any user profiling.
Back to content
Application icon
The Record Speaks Install this application on your home screen for a better experience
Tap Installation button on iOS then "Add to your screen"

Informativa introduttiva

Questo sito è un archivio giuridico conforme agli Art. 6, 8 e 10 della CEDU, agli Art. 2, 21 e 24 della Costituzione Italiana e all’Art. 89 del GDPR.
(This website is a legal archive compliant with Arts. 6, 8 and 10 of the ECHR, Arts. 2, 21 and 24 of the Italian Constitution, and Art. 89 of the GDPR.)

Consulta le informative complete:
Informativa sui Cookie estesa
Copyright & Legal Notice
Indexing & Transparency
Durata di pubblicazione
Menzione dei soggetti in veste pubblica
Circa l’archivio
Giurisdizione

Continuando la navigazione equivale ad accettazione delle informative proposte.
(By continuing to browse, you agree to the proposed notices.)