A Walk in the Dark by Gianrico Carofiglio Page A

them – “that the plaintiff is suffering from psychiatric problems, which will be explained in greater detail by our expert witness, properly indicated on the list, Professor Genchi. A name that requires no introduction. In addition, we ask to be able to prove the continued existence of such problems, the reasons for the separation as verified at the time, and more generally a condition of severe social maladjustment and personal inadequacy on the part of the plaintiff, by means of the witnesses indicated on our list. We also request the examination of Professor Scianatico, who, I inform you as of now, gives his consent to being examined and to answering questions in order to provide further proof of his innocence. We have no comment to make on the public prosecutor’s requests for the admission of evidence. Nor those of counsel for the plaintiff, who doesn’t, in fact, seem to be making any significant ones. Thank you, Your Honour, I have finished.”
    As soon as Delissanti stopped talking, Caldarola started to give his ruling.
    “The judge, having heard the requests from both parties, and having noted—”
    “I’m sorry, Your Honour, I have some observations to make on counsel for the defence’s requests for the admission of evidence. If you will allow me.”
    Alessandra had spoken in a low but sharp voice, in which her slight Veneto accent was just noticeable. Caldarola looked a bit embarrassed, and I thought I also noted a touch of redness on his usually grey face. As if he had been caught doing something vaguely shameful. Which indeed he had.
    “Go on, Prosecutor.”
    “I have no observations on the request to admit the many witnesses indicated on the list. There seem to
me to be too many of them, but that is not a matter I intend to raise. At least not for the moment. However, I should like to say something about the request to hear the testimony of Professor Genchi, referred to by counsel for the defence as an expert witness, a psychiatric specialist. I should like to raise a couple of points about this request. One specifically concerns the case with which we are starting to deal today. The other is of a more general nature, regarding the admissibility of such requests. Has Professor Genchi ever visited Signora Martina Fumai? Has the professor ever at least seen Signora Martina Fumai? Counsel has not informed us of the fact, even though he has told us with great, emphatic, indeed offensive certainty that Signora Martina Fumai is unbalanced . If, as I believe to be the case, Professor Genchi has never visited the plaintiff, I wonder what he could possibly base his expert testimony on. Because counsel for the defence, infringing the essence of the duty of disclosure, has not told us. And this remark brings us to the second point I should like to raise. Is it possible to request a psychiatric evaluation of a witness – or even a defendant – without there being any element in the documents which may allow one to presume that such an evaluation is necessary? I believe this general point needs to be addressed before any decision can be made on counsel’s request. Because, Your Honour, to admit such a request without it being based on any factual element of the case creates a dangerous precedent. Every time we don’t like a witness, for whatever reason, good or bad, we will be able to ask for a psychiatrist to tell us about his or her most private, most personal problems. And who among us does not have personal problems, depression, addictions? To alcohol, for example. Do these problems not concern only
themselves and should they not legitimately remain of concern only to themselves?”
    As she uttered these last words, she turned to look at Delissanti sitting there on his bench. Among the various rumours about him, one concerned his inclination for strong alcohol. Even at unconventional times, such as early in the morning, in one or other of the bars near his office. He did not turn. He had a nasty