The TAR Puglia has cancelled the transfer from Modugno, in the Bari area, to Napoli, issued about a year ago against a carabiniere, for alleged "relationships of frequentation, even indirect, with repeat offenders affiliated" with a clan in the province.
According to the judges, who had already accepted the precautionary request by suspending the measure and who now with a judgment on the merits have definitively given reason to the soldier, there was a "marked lack of proportionality between the circumstances of the fact of which the constable was the protagonist" "and the sanction adopted against him". The affair dates back to September 26, 2020.
That evening, the carabiniere had attended a party for the eighteenth birthday of his partner's son, where, among a hundred or so young people, there were also some criminals.
“The sanctioning measure – reads the TAR ruling – is largely disproportionate” since the alleged violations concern “circumstances that have not been proven in any way and have remained completely unsupported, centered on the occasional co-presence of the appellant and contraindicated individuals at an eighteenth birthday party with over one hundred guests”.
Furthermore, "the Carabinieri failed to notify the interested party of the start of the administrative transfer procedure" and therefore "did not allow the appellant to prove his possible lack of connection with the people occasionally present at said celebrations who were found to have certain criminal records against them".
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