First Sicilian warrant of arrest

On the back of Waridel’s statements released to the AG Dr. Bernasconi in Lugano,  in March of 1985, Dr Falcone expressed his wish to interview Palazzol, which the Swiss authorities turned down. At that point Falcone returned to Palermo from where he issued a warrant of arrest for Palazzolo, no. 179/85 under article 416 Italian criminal Code and 416 bis and article 71 and 74 no.2 of Law 685/75 (transfer of funds from USA – Switzerland). An identical one had been issued in Rome so Falcone’s intention was to challenge Rome regarding the jurisdiction of the case. Rightly or wrongly, he considered himself to be the only Mafia expert in Italy.

This warrant was rejected by the Swiss Federal Police and the Italian Ambassador was requested to withdraw it immediately. Dr. Falcone was told to wait before issuing arrest warrants; after all they were warrants of arrest and not Swiss chocolates. He was requested to at least wait until the Court of Lugano had the opportunity to probe Waridel’s evidence in Court.

As it turned out Waridel’s evidence was dismissed outright and he was convicted accordingly. But ignoring the Swiss request, Dr. Falcone kept the Warrant valid in Italy where it created a conflict of jurisdiction within Italy itself, between Rome and Palermo. Eventually he was awarded the art. 71 & 74 of the main chapter of art. 675. This he motivated by claiming to the Supreme Court that he could not give his investigation results to the Court of Rome because it would have jeopardized the investigation of the other co- indicted. Palermo kept this warrant alive for 18 years without adding a shred of evidence to the nonsense originally stated by Waridel.

In 2003 The Court of Appeal of Palermo dismissed the case by setting aside the previous judgment.