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:Three times judges looked at his case in two countries, in Switzerland and Italy, while going to the highest courts. In other words in six trials he was convicted or the conviction was largely upheld. In Switzerland for money laundering and in Italy for collusion with the Mafia. These are the hard facts, whether you like it or not. - [[User:DonCalo|DonCalo]] ([[User talk:DonCalo|talk]]) 18:04, 10 February 2011 (UTC) |
:Three times judges looked at his case in two countries, in Switzerland and Italy, while going to the highest courts. In other words in six trials he was convicted or the conviction was largely upheld. In Switzerland for money laundering and in Italy for collusion with the Mafia. These are the hard facts, whether you like it or not. - [[User:DonCalo|DonCalo]] ([[User talk:DonCalo|talk]]) 18:04, 10 February 2011 (UTC) |
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'''3 times the judges looked at his case! From the other side of the coin, consider the following''' |
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* The Swiss Federal court denied his extradition to Italy on the 20.03.1985, because there was no evidence on which to extradite him; |
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* The Swiss Courts gave Palazzolo a Nulle Prosequi (no prosecution) in March of 1985; |
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* For the same reasons (no evidence) on the 26th June 1985 the US extradition application was denied; on the 26th September 1985 Palazzolo was sentenced to 3 years prison in Switzerland as described "''The same examining Magistrate did not consider that Palazzolo was associated with a Mafia organisation''" - this was made final on 3rd May 1994; |
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* On the 10th April 1989 the Supreme Court of Rome annulled the warrant of arrest (issued in Palermo) without postponement, motivating it's decision as follows: ''“…the motivation for the warrant of arrest is invalidated by being illogical, incongruous and misrepresenting the facts”.''; |
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* On the 25th Narch 1998 there was a letter from Interpol to SCO (Police) in Italy concerning the underhand nature of the relations between the S.C.O. and two South African Police Officials, requesting the return of documentation that had been acquired illegally by SMITH and LINCOLN, against whom criminal proceedings were pending for crimes committed in SOUTH AFRICA; |
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* On the 7th September 2001 - The Supreme Court of South Africa (Mr Justice Thring) rejected all charges brought by Smith and Viljoen ordering that they - ''“would never again in the future proceed against him with regard to the same faces referred to in the Order”.'' |
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* On the 14th March 2003 in the High Court in South Africa Judge Vermeulen acquitted Palazzolo of fraud (no evidence to support this) and of contravening the SA citizenship act, in the course of which he stated - ''"To institute a prosecution under these circumstances, several years after the event, boggles the mind. It astounds even more to discover that the decision to prosecute, was taken at the highest possible level, to wit, that of the National Director of Public Prosecutions. I am satisfied as far as both the main and alternative counts are concerned, that there is no evidence on which this Court can convict."''; |
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* On the 12th August 2003 the Palermo Court set aside their warrant of arrest of teh 11th June 1985; On the 24th August 2009 the Director of Prosecutions in the Western Cape, Mr De Kock, wrote a letter to the Acting National Director of Public Prosecutions, admitting that he would help the Italian Authorities to extradite Palazzolo, saying: ''“At the abovementioned meeting it was inter alia also decided that I would do a '''draft application on behalf of the Italian Authorities''' for the extradition of Mr Palazzolo to Italy. That document is attached.”'' |
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* On the 14th June 2010 the Cape High Court of SA struck down the 6th attempt by the Italians for Palazzolo's extradition. |
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'''There is so much evidence counter to the allegations made against Palazzolo by the Press, and by Don Calo, we have a LONG way to go.''' |
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With thanks. |
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[[Special:Contributions/86.132.46.238|86.132.46.238]] ([[User talk:86.132.46.238|talk]]) 13:16, 10 April 2011 (UTC) |
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:: Don't take issue with me; I neither like or dislike. I'm a neutral reviewer and know nothing about the case. As you may note, I've firmly reverted edits that would change the present article. That said, I can appreciate if someone feels unfairly dealt with or the article is out of balance. The appeals order appears genuine enough, so it's fair to mention it. It may be fair to say one thing or another is in dispute if it's properly documented. Simply be accurate, be fair. |
:: Don't take issue with me; I neither like or dislike. I'm a neutral reviewer and know nothing about the case. As you may note, I've firmly reverted edits that would change the present article. That said, I can appreciate if someone feels unfairly dealt with or the article is out of balance. The appeals order appears genuine enough, so it's fair to mention it. It may be fair to say one thing or another is in dispute if it's properly documented. Simply be accurate, be fair. |
Revision as of 13:16, 10 April 2011
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Comments
The US DoJ is actually on record as saying they were chasing the wrong guy, that he had nothing to do with narcotics itself and that they were satisfied he was not a member of the Cosa Nostra. This was as long ago as in 1988.
There are also several errors of fact. To cite a few: The first Swiss judgment was that of Ticino in 1985, not 1984, and he was sentenced to 3 years, increased on appeal to 3 years nine months in 1992. No mention is made of the two Swiss bankers Franco Dellatorre and Enrique Rossini, or the role of Paul Eduard Waridel - which was critical.
His first arrest on 20 April 1984 on warrant from Italy, acting on request of the US, but Swiss wanted to try themselves as the money transactions took place in Switzerland. No effort is made to explain how this came about.
The raid on the Franschoek farm was in 1998, not 1988; he returned voluntarily to Lugano to fight his extradition, and was then arrested by Carla di Ponte (who previously was married to Rossini's lawyer in the Ticino trial).
He was never ordered out of SA, but applied for and was granted SA citizenship in 1994.
De Pontes was convicted of fraud for forging Palazzolo's signature while Palazzolo was held in Swiss jail between 1988 and 1992.
None of this helps get a clear, true picture. It just adds to the confusion.
````
Text removed from article on May 28, 2009
The text below was added originally to the main article by Fircks (talk | contribs). I moved it to the talk page. - Mafia Expert (talk) 14:42, 28 May 2009 (UTC)
- The following article on Vito Roberto Palazzolo is taken entirely from Press reports, making wholly unsubstantiated allegations against him. Without being precise, the article infers that he is guilty of multiple crimes both in Switzerland and in South Africa.
- For the sake of the integrity of Wikipedia, which presumes to publish articles from verifiable, authentic sources, it is important to note that Palazzolo has never been charged with anything except, in 1985, having acted “in Dolus Eventualis”, which is a vague allegation “pitched somewhere between intent and negligence.” In an age when Swiss bankers resolutely never enquired as to the origin of monies received, they implied that he should have done so. That was all. He was also cleared then of any Mafia membership, as he was again in 1994 and 2004.
- And – in the same vein - in regard to a recent court case in Rome (where Palazzolo was sentenced in absentia, for which see the last 2 sentences of this article), his defence team will be "denouncing the Italian Government at the European Court of Human Rights for the violations that have been committed with regards to Mr. Palazzolo; this application will be presented within six months from the date of the judgement."
- What is evident therefore is that this article (written 24th April 2009) is merely a summary of the violations that have been committed against him for 27 years and in order to establish the truth, lawyers will take it to the highest court in the land.
- Wikipedia is not the venue for a long, bruising argument about Mr Palazzolo and so another website is being written which will give every side of the story, including Mr Palazzolo's, and the link will be posted to Wikipedia as soon as it is complete. [END]
Good luck. Of course a link to Mr. Palazzolo's new website would be welcome. However, I think the article is balanced and is well referenced. It does not say that Palazzolo is a Mafioso but that he "is considered to be a member of the Sicilian Mafia", which is explained further in the article. It also includes Palazzolo's denial that he is involved in organised crime, has any links to the Mafia, or enjoys close relations with politicians in the government. It also says that: In 1992, a court in Rome had found him not guilty of being a member of the Mafia. "I was acquitted of Mafia charges, but I am always the 'alleged Mafia don' and it is disturbing to be portrayed that way to family and friends." If you have a better description, feel free to add it or change the current language. However, to avoid an edit war, it might be better if we find an agreement on the talk page before changing the article. - Mafia Expert (talk) 15:08, 28 May 2009 (UTC)
Comments
I see that the person who wrote the Palazzolo article is a "Mafia Expert". Without wishing to denigrate his or her learning, there is much that is missing.
Primarily because, even though the article is now marginally more balanced, it is almost entirely gleaned from press reports, most of which - even if passing caveats regarding Palazzolo's claims to innocence have been added - were defamatory and presumed his guilt. Which is the central problem for Palazzolo or anyone like him, similarly impugned. Despite the fact that he was sentenced for nothing other than than possible "eventual intent" (Dolus Eventualis), and shoehorned into a different law because there were no Money Laundering laws in Switzerland at the time, the assumption and the tenor of everything written about him is that he is guilty.
It's easy to understand why this happens: he is successful, wealthy, charismatic and above all, he was born in Sicily. Which is the heady stuff that feeds peoples insatiable appetite for conspiracy theories, and sells newspapers.
He will go down in modern judicial history as a lodestar to misappropriated justice, not because he was unfairly sentenced (although that is true) but because he was tried, without recourse, by the press. That is where most of the damage is done and the wikipedia article, I'm sorry to say, is more of the same.
My own motive is that I am a friend of Palazzolo's and have studied his case at length and, more importantly, have witnessed the pain and anxiety that "kangaroo-court" injustice can bring. Fircks (talk) 14:59, 15 June 2009 (UTC)
- With all due respect, press reports of mainstream media with a record of fact checking are considered reliable sources in Wikipedia, see Wikipedia:Verifiability. He was convicted twice, in Switzerland and Italy, while going to the highest courts. Calling the Supreme Courts in both countries "kangaroo courts" tells me more about your lack of neutrality than mine. - Mafia Expert (talk) 21:34, 15 June 2009 (UTC)
This is really about finding a suitable medium through which to debate the issues concerning Palazzolo's case. However, within these narrow confines, I couldn't disagree with you more about the integrity of mainstream newspapers, even if Wikipedia accepts their authenticity. They are famously "skewed". Palazzolo is a case in point, which I look forward to laying out for you in my website, when it is up and running. Fircks (talk) 13:35, 16 June 2009 (UTC)
- Whatever, just for your information: He was convicted twice, in Switzerland and Italy, while going to the highest courts. You can keep ignoring that, but when newspapers report those facts, they are "skewed"? - Mafia Expert (talk) 17:57, 16 June 2009 (UTC)
Convicted in Switzerland in "dolus eventualis", where they shoehorned his "crime" to fit another law, because they had nothing on him. They had to convict him of something, anything! Italian convictions only ever came from Palermo, which is corrupt to the core. Which would be like saying Morgan Tsvangirai of the MDC in Zimbabwe is a traitor, because Mugabe said so! All of which we will come to, in time. Like I said - this needs a serious and exhaustive medium for the debate. Fircks (talk) 21:05, 16 June 2009 (UTC)
- Three times judges looked at his case in two countries. In other words in six trials he was convicted. The Supreme Court in Italy is in Rome, not in Palermo. The comparison with Zimbabwe is ludicrous. Switzerland and Italy are not dictatorships. - Mafia Expert (talk) 22:39, 16 June 2009 (UTC)
Yes, he was convicted, but every conviction - except for his conviction in Switzerland where they had to do legal gymnastics to find a law to fit his "crime" - has been overturned. His recent Roman conviction will be taken up in the European Courts.
All of which begs the question of why, once he'd been cleared of Mafia crimes (i.e. membership) in Switzerland in the 80's, he has been continually hounded from Palermo with convictions that, until May 2009, have been overturned in Rome? Notwithstanding the abomination of Double Jeopardy.
Switzerland obviously follows the rule of law, which is why his conviction was finalized and put to bed. One can argue it's legal merits, but never contest that it was above board. The same cannot be said of Palermo. Antonino Giuffrè is a case in point. Palazzolo has never met him or been to South America (where he claimed that Palazzolo ran the Mafia's drug interests) and the Palazzolo that Giuffrè refers to is Paolo Palazzolo, brother in law of Bernardo Provenzano. - Fircks (talk) 07:43, 17 June 2009 (UTC)
Anti-Palazzolo bias and neglect of Italian corruption
Palazzolo is clearly being persecuted by resentful bureaucrats and corrupted judicial agents of true criminals here, eager to snatch his assets. Where is the background information here, on the corruption of the Italian magistracy? —Preceding unsigned comment added by 70.238.168.116 (talk) 20:29, 18 July 2009 (UTC)
Furthermore, why should the opinions of anal-neurotic Swiss judges matter either? Why should successful businessmen always be harassed by resentful desk-job losers who envy their success? Shouldn't the world stop vilifying and persecuting the successful in life? —Preceding unsigned comment added by 70.238.168.116 (talk) 03:12, 19 July 2009 (UTC)
- If you have problems with the article you can report them to the Wikipedia:Biographies of living persons/Noticeboard or Wikipedia:Administrators' noticeboard/Incidents. - Mafia Expert (talk) 09:49, 19 July 2009 (UTC)
Yeah, I have a problem with the article, and I have a problem with pseudo-altruistic do-gooders and know-it-all prepubescent nonentities like the demography of wikipedia suggests.
Why is it always Italians (and Italy's cream of the crop, Sicilians) the trendy do-gooders vilify and microscope--what about all the little fraudulent WASP jerks with their trust funds? What about the corrupt Jew doctors and stockbrokers, huh? What about the violent bloodthirsty 8 foot Africans who are handed millions of dollars for dribbling a freaking basketball or smashing each other like animals on the football field? So why are Italians, and Sicilians in particular, always the object of altruistic wrath? If persecuting and violating the desired privacy of successful Italian-Sicilian businessmen like Roberto Palazzolo gives some perverts a righteous hard-on, the "altruists" should know their neurotic pleasures are not shared by others. —Preceding unsigned comment added by 70.238.168.116 (talk) 20:17, 19 July 2009 (UTC)
- WP:CIVIL Please watch the way you address your fellow editors. Active Banana (bananaphone 16:31, 11 January 2011 (UTC)
Information Wikipedia has purposefully ignored in favour of Vito Roberto Palazzolo
Dear Wikipedia Editors:
I wish to draw to your attention that Don Calo continues to distort and manipulate the article on Vito Roberto Palazzolo.
As reflected at http://en.wikipedia.org /w/index.php?title=Vito_Roberto_Palazzolo&action=history, at 4h36 on 10 January, the article was elaborated (revision 407013776), to reflect two December decisions of courts, one in South Africa, and one in Italy, At 13h47 that same day Don Calo undid the change.
As stated in my earlier complaint, Don Calo has effectively taken control of the article and in the course of last year was in the practice of immediately undoing each and every change made to the article. Essentially, Don Calo does not allow any other Wikipedia user to make inputs, which he maintains in a manner that is unbalanced, one-sided and defamatory, contrary to Wikipedia policy.
I repeat my request that the articles be, in terms of the Biography of Living Persons policy, deleted until a full investigation is conducted.
Sincerely,
Mallard11
Mr Palazzolo has recently won two important legal victories, one in South Africa and one in Italy.
On 3 Decehttp://www.vrpalazzolo.com/wp-admin/page.php?action=edit&post=2023&message=1mber 2010, the Cape High Court interdicted the South African police from arresting him, pending futher proceedings in that Court.
And on 16 December 2010 an Italian Appeal Court in Caltanissetta admitted a review application filed by Mr Palazzolo’s lawyers with regard to the Palermo conviction that formed the basis for the extradition request directed by Italy to South Africa. A full review before the Court will be heard on 5 May 2011.Italic text
Despite this, and other improvements, the overall tone and content remains slanted against Mr Palazzolo, and many of the correction we demanded last year remain to be effected. I am sending a reminder of these corrections, and unless they are very swifly attended to, we must invoke Wikipedia’s internal appeal process.
Fircks (talk) 13:07, 16 January 2011 (UTC)
removed crap
It seems that the following crap-
Information pertaining to Palazzolo's innocence, purposefully ignored by Don Calo and Wikipedia
Don Calo is the self proclaimed Mafia expert who has taken it upon himself to be the single editor of this page on Palazzolo, from which he has been excluding information regarding Palazzolo's recent legal victories both in SA and in Italy. Which, quite apart from the fact that it is unfair and harmful to a living person, goes against the rules of Wikipedia.
See the information below, denied by Don Calo.
Mr Palazzolo has recently won two important legal victories, one in South Africa and one in Italy.Italic text'On 3 December 2010, the Cape High Court interdicted the South African police from arresting him, pending futher proceedings in that Court.
And on 16 December 2010 an Italian Appeal Court in Caltanissetta admitted a review application filed by Mr Palazzolo’s lawyers with regard to the Palermo conviction that formed the basis for the extradition request directed by Italy to South Africa. A full review before the Court will be heard on 5 May 2011.
Despite this, and other improvements, the overall tone and content remains slanted against Mr Palazzolo, and many of the correction we demanded last year remain to be effected. I am sending a reminder of these corrections, and unless they are very swifly attended to, we must invoke Wikipedia’s internal appeal process.
Dear Wikipedia Editors:
I wish to draw to your attention that Don Calo continues to distort and manipulate the article on Vito Roberto Palazzolo.
As reflected at 4h36 on 10 January, the article was elaborated (revision 407013776), to reflect two December decisions of courts, one in South Africa, and one in Italy, At 13h47 that same day Don Calo undid the change.
As stated in my earlier complaint, Don Calo has effectively taken control of the article and in the course of last year was in the practice of immediately undoing each and every change made to the article. Essentially, Don Calo does not allow any other Wikipedia user to make inputs, which he maintains in a manner that is unbalanced, one-sided and defamatory, contrary to Wikipedia policy.
I repeat my request that the articles be, in terms of the Biography of Living Persons policy, deleted until a full investigation is conducted.
Sincerely,
Mallard11
which was inserted also by user Fircks and 41.182.20.179 http://en.wikipedia.org/w/index.php?title=Vito_Roberto_Palazzolo&action=historysubmit&diff=408791155&oldid=408195648 —Preceding unsigned comment added by 109.160.184.79 (talk) 11:36, 26 January 2011 (UTC)
- I'd also like to add that this mafia guy doensn't make the fact that he isnt happy with this article a secret ( see http://www.vrpalazzolo.com/?page_id=1983 ). Id like to point out that the IP (41.182.20.179) that helped vandalize this article is from namibia, and fircks claims that he is a 'friend' of palazzolo. In my opinion there is a big possibility that both firks and the ip are sockpuppets of palazozolo. ill look into the history of the article and see what else i can find. 109.160.184.79 (talk) 11:50, 26 January 2011 (UTC)
- I have cleaned the article. http://en.wikipedia.org/w/index.php?title=Vito_Roberto_Palazzolo&action=historysubmit&diff=410153656&oldid=408791155 —Preceding unsigned comment added by 109.160.184.79 (talk) 12:04, 26 January 2011 (UTC)
user fircks has again vandalized the page as can be seen here http://en.wikipedia.org/w/index.php?title=Vito_Roberto_Palazzolo&oldid=412545801 . I have reverted back. Quaber (talk) 12:56, 9 February 2011 (UTC)
Ongoing Vandalism of Vito Roberto Palazzolo
For the past two years this article has been repeatedly vandalized by at least one user (fircks) and two IPs. Every time the vandal does the same thing - just adds comments to the wiki article voicing his opinion that the wiki article is biased/untrue/should be removed. You can see two examples at - here and here. Quaber (talk) 15:48, 9 February 2011 (UTC)
- Not sure it is vandalism. This is a highly problematic BLP. It seems referenced, but the two items I checked were dead links and not so reliable websites. This article certainly needs some work.--Scott Mac 16:10, 9 February 2011 (UTC)
- If we have an article that is misrepresenting someone, or indeed libelling them, we can hardly complain when someone who is annoyed by that (or indeed is the subject of those libels) doesn't "play be the rules" when pointing it out. The correct response is to consider whether their complaint is justified, before treating it as bad-faith. It is more important to remove bias, libel or BLP violations than to bannahmmer someone who's not "doing things our way". See WP:DOLT.--Scott Mac 16:30, 9 February 2011 (UTC)
- No. If there's blp violations in it, it is actually better in his "vandalised state" than how it is. Have you tried asking him to be more specific about his concerns with it?--Scott Mac 16:37, 9 February 2011 (UTC)
Right, if I understand Scott comments correctly a supposed BLP violation is now an excuse to vandalize an article. Curious reasoning. Like I said before I prefer to keep out of the current discussion, because I initiated and largeley edited the article. Not that I do not stand with what I wrote, but I think it is better that other editors review and assess the article at this stage to prevent an edit war. However, I like to point out that Fricks has a serious conflict of interest problem as a self-confessed friend of the subject of this article. It would not surprise me if this has something to do with this article. Have a nice day. - DonCalo (talk) 21:37, 9 February 2011 (UTC) By the way, I restored dead links where possible. - DonCalo (talk) 21:39, 9 February 2011 (UTC)
- Actually yes. If an article is unfairly prejudicial to a living subject then a "friend" of the subject blanking it, or adding caveats would be perfectly reasonable behaviour. Maybe we'd prefer they went about raising concerns other ways, but why should they? Getting the article right is what matters. Now, I'm not saying the article is unfairly prejudicial, although a quick glance gives me concerns. The lead says "He is alleged to be a member of the Sicilian Mafia, an allegation he denies" - and I'm left asking "accused by whom?" The sources says the case was dismissed. I can't read Italian so I'm at a loss here, but it does need reviewing.--Scott Mac 22:01, 9 February 2011 (UTC)
- I agree the article needs attention, but I don't agree that the way to go about it is to edit the article as if it's a Talk page and add comments. If there's an assertion or assertions that violate BLP, then an editor can remove the assertions. An editor could even blank an entire section if the section violates BLP. But making the article itself an opinion piece is inappropriate and unnecessary. There are better ways to go about fixing the problems.--Bbb23 (talk) 02:06, 10 February 2011 (UTC)
Don Cal and bias regarding Palazzolo
The wiki page you have written, as I say again and again, comes from unsubstantiated Press articles and is defamatory and slanted. You have, by your intonation, made Palazzolo guilty until proven innocent. The facts are otherwise, according to documented court evidence. If you wish to speak to me about this so that we can resolve this dispute, I would be grateful to hear from you at fircks@gmail.com. If you wish, even, you can meet Palazzolo himself. We have no fear of the truth, as long as it is verifiably true. Do whatever it takes to be certain of your evidence, BEFORE YOU PRINT IT. Because what you are doing in exceedingly injurious to a living man. (signed) Fircks (talk)
- As an uninvolved reviewer, I don't know who Vito Roberto Palazzolo is. I have no opinion whether the article is right or wrong. My job is to prevent vandalism and Mr. Fricks set off our warning lights. I've not thus far labelled the changes as vandalism, but I reverted 3 edits that bordered it.
- I can feel sympathy for someone wrongly maligned, but I suggest the right way is to apprise Wiki's office staff of wrongful statements. If it can be demonstrated the article is truly in error, I'll be happy to step in and do my best to support a wronged party.
- best regards, --UnicornTapestry (talk) 11:48, 10 February 2011 (UTC)
Proposal
I've asked Mr. Fircks for more information and to refrain from editing the main article for a short time. I don't know details of the case but one of Mr. Fircks links is a court document that Mr. Palazzolo has been granted an appeal, which will be heard beginning 5 May.
Judges often (but not always) stay sentences while appeals are heard. Perhaps we should mitigate our 'sentences' and words to reflect that uncertainty. I note editors here are sensitive to being fair.
I'm not an editor for this article. As a reviewer, I reverted edits that didn't follow Wiki guidelines. May I suggest that editors work with Mr. Fircks (and Mr. Fircks work with editors) to reach a leavening solution, extending a sense of fairness. My take is that many of you are already open to this.
I glanced at the Wiki article in Italian which is amazingly sparse. It does not mention the appeal (or much else), but reads:
Vito Roberto Palazzolo (born Terrasini, 31 July 1947) is an entrepreneurial Italian who resides in South Africa. He is believed to be a member of the Sicilian Mafia, which he denies.
When he moved to South Africa in the mid-eighties, he went by the name of Robert von Palace Kolbatschenko. He was a well-known Swiss banker also believed linked to Mafioso Bernardo Provenzano. In March 2009, the High Court in Italy confirmed his 2006 conviction of nine years imprisonment for collusion with the Mafia. (No mention of the 2011 appeal.)
I look forward to reading what you come up with. Best regards,
--UnicornTapestry (talk) 16:03, 10 February 2011 (UTC)
- Three times judges looked at his case in two countries, in Switzerland and Italy, while going to the highest courts. In other words in six trials he was convicted or the conviction was largely upheld. In Switzerland for money laundering and in Italy for collusion with the Mafia. These are the hard facts, whether you like it or not. - DonCalo (talk) 18:04, 10 February 2011 (UTC)
3 times the judges looked at his case! From the other side of the coin, consider the following
- The Swiss Federal court denied his extradition to Italy on the 20.03.1985, because there was no evidence on which to extradite him;
- The Swiss Courts gave Palazzolo a Nulle Prosequi (no prosecution) in March of 1985;
- For the same reasons (no evidence) on the 26th June 1985 the US extradition application was denied; on the 26th September 1985 Palazzolo was sentenced to 3 years prison in Switzerland as described "The same examining Magistrate did not consider that Palazzolo was associated with a Mafia organisation" - this was made final on 3rd May 1994;
- On the 10th April 1989 the Supreme Court of Rome annulled the warrant of arrest (issued in Palermo) without postponement, motivating it's decision as follows: “…the motivation for the warrant of arrest is invalidated by being illogical, incongruous and misrepresenting the facts”.;
- On the 25th Narch 1998 there was a letter from Interpol to SCO (Police) in Italy concerning the underhand nature of the relations between the S.C.O. and two South African Police Officials, requesting the return of documentation that had been acquired illegally by SMITH and LINCOLN, against whom criminal proceedings were pending for crimes committed in SOUTH AFRICA;
- On the 7th September 2001 - The Supreme Court of South Africa (Mr Justice Thring) rejected all charges brought by Smith and Viljoen ordering that they - “would never again in the future proceed against him with regard to the same faces referred to in the Order”.
- On the 14th March 2003 in the High Court in South Africa Judge Vermeulen acquitted Palazzolo of fraud (no evidence to support this) and of contravening the SA citizenship act, in the course of which he stated - "To institute a prosecution under these circumstances, several years after the event, boggles the mind. It astounds even more to discover that the decision to prosecute, was taken at the highest possible level, to wit, that of the National Director of Public Prosecutions. I am satisfied as far as both the main and alternative counts are concerned, that there is no evidence on which this Court can convict.";
- On the 12th August 2003 the Palermo Court set aside their warrant of arrest of teh 11th June 1985; On the 24th August 2009 the Director of Prosecutions in the Western Cape, Mr De Kock, wrote a letter to the Acting National Director of Public Prosecutions, admitting that he would help the Italian Authorities to extradite Palazzolo, saying: “At the abovementioned meeting it was inter alia also decided that I would do a draft application on behalf of the Italian Authorities for the extradition of Mr Palazzolo to Italy. That document is attached.”
- On the 14th June 2010 the Cape High Court of SA struck down the 6th attempt by the Italians for Palazzolo's extradition.
There is so much evidence counter to the allegations made against Palazzolo by the Press, and by Don Calo, we have a LONG way to go.
With thanks. 86.132.46.238 (talk) 13:16, 10 April 2011 (UTC)
- Don't take issue with me; I neither like or dislike. I'm a neutral reviewer and know nothing about the case. As you may note, I've firmly reverted edits that would change the present article. That said, I can appreciate if someone feels unfairly dealt with or the article is out of balance. The appeals order appears genuine enough, so it's fair to mention it. It may be fair to say one thing or another is in dispute if it's properly documented. Simply be accurate, be fair.
- --UnicornTapestry (talk) 22:19, 10 February 2011 (UTC)
- Sorry, I don't have an issue with you. My comments were a response to Fricks constant denial of these facts. The appeals order seems genuine, I agree. However, when that was included in the article there was no reference. I also could not find anything on the internet at that time. That is why it was deleted. If there is a reliable secondary source to show that there is appeal order, I have no problem to include it. However, an appeal order is not an annulment of a sentence. - DonCalo (talk) 22:46, 10 February 2011 (UTC)
Continued vandalism by Fircks.
Recently, after seeing the vandalism that user fircks has done on this article for almost 2 years, I reported him and his vandalism to almost every noticeboard and any other possible location on wikipedia. Because of that, this article became protected and user fircks was warned mutliple times and asked to stop editing this article. Then this happened [1].
Just stop it fircks. I think he should be banned from editing this article already. Quaber (talk) 09:11, 15 February 2011 (UTC)
How can Palazzolo get a fair hearing at Wikipedia?
What I would like to know is how and where can I get an editor, or editors, to consider Palazzolo's issue. He IS being maligned by Don Calo at Wikipedia but whenever I start a thread, in his defence, it disappears. What can I do about this?
There was a court case in South Africa concerning The Sunday Independent with (inter allia) wikipedia. I think it's important that Palazzolo gets a fair hearing. Can you help?
Fircks (talk) 19:05, 9 April 2011 (UTC) — Preceding unsigned comment added by Fircks (talk • contribs)
Continued slander of Palazzolo by Don Calo et al
Our lawyers are working on the evidence we will produce for wikipedia to get rid of the unverified lies that Don Calo propounds, but until then:
Quaber and Don Calo talk of my "vandalism" to a wiki page. They talk about "removed crap". I get threatened by someone called Choyool. "This is a warning." he opines, "Don't do it again; if you don't understand why that kinda stuff is unacceptable, you probably shouldn't participate here." The Mafia Expert says, "In my opinion there is a big possibility that both firks and the ip are sockpuppets of palazozolo." (sic) (because the ip is in Namibia, where I was visiting Palazzolo at the time).
What can I say, dear editor? If you don't mind me saying so, and bearing in mind wiki rules about politeness - the moral and intellectual integrity of the author and supporters of Palazzolo's original wiki page is highly questionable.
I don't mind about spelling mistakes and illiteracy but I mind very much about unverified slander. What they consistently ignore is the proof (documented court cases) which are the threads of Palazzolo's life story. I will show it, documented and proven. I have even given my email address (fircks@gmail.com) so that Don Calo can contact me, but given that the truth is not his aim, he has ignored it. As the saying goes - it is impossible to wake up a man who is pretending to be asleep.
There is only one thing now we can do, which is deal with and answer each allegation in turn. This I did when I "vandalised" their article. We will do this through the mediators, like I said.
So I reprint here what I wanted to publish as the Wiki page on Palazzolo, so that you can see for yourself. Fircks (talk)
Wikipedia and documentary evidence on the life and times of Vito Roberto Palazzolo
This Wiki page on Vito Roberto Palazzolo (constructed by a man named Don Calo who never met Palazzolo and who's information sources are entirely newspaper articles), is a string of unsubstantiated allegations, inuendo and aspersions. Palazzolo's case is one of considerable injustice and Don Calo, using Wikipedia as his vehicle, merely echoes that. It is hard to understand his motives in defaming Palazzolo.
By putting his original verbeage in Italics, I will attempt to answer Don Calo's allegations directly.
Website
Unable to defend himself in the face of this kind of Media driven speculation, Palazzolo has developed a website where every aspect of his case, including all court documentation and other evidence, can be found (www.vrpalazzolo.com).
Vito Roberto Palazzolo (Terrasini, July 31, 1947) is an Italian living in South Africa. Since he moved to South Africa in the mid 1980s he also goes by the name Robert von Palace Kolbatschenko. It has been alleged, among other things, that he is or was a member of the Sicilian Mafia. All of which he denies.[1]
He assumed these names, which are ancestral, in a bid to travel and go unhindered. See the section below entitled Burgersdorp and von Palace Kolbatschenko
Court cases:
In March 2009, the highest court in Italy confirmed a 2006 nine-year sentence for collusion with the Mafia.[2]
Since 1985 there have been a multitude of court cases and sentences for and against him. Notably here Don Calo omits the fact that on 3 December 2010, in regard to the resulting extradition request from Italy, the Cape High Court interdicted the South African police from arresting him, pending further proceedings in that Court. And on 16 December 2010 an Italian Appeal Court in Caltanissetta admitted a review application [1] with regard to the Palermo conviction. This is a very rare judicial intervention and a full review before the Court will be heard on 5 May 2011.
Corleone Mafia:
He is alleged to be a Mafia treasurer linked to Bernardo Provenzano, the Mafia boss arrested in April 2006 in Corleone, Sicily, and his predecessor Salvatore Riina, both serving life sentences in Italian jails.[3][4]
The Corleone are considered to be extremists amongst the Mafia and this rumour, like all others, has never been substantiated. One source was the testimony of a man named Antonino Giuffre, a State witness, who also claimed that Palazzolo managed the Sicilian Mafia's interests in the drug trade in Venezuela, Brazil, Mexico, Canada and the Far East. Guiffre admitted in court that he never met Palazzolo and his "evidence", as evinced by a letter from the Attorney General in Palermo in March of 2005 [2]. produced nothing. Neither had he mentioned Palazzolo in his first informative memo (issued within 108 days from when he becomes a State witness) which, by Law, he cannot change or add to. All of which is covered in a memorandum by the advocate Baldassare Lauria on 13th May 2009[3].
Money laundering accusations
Italian and US intelligence officers estimate that Palazzolo helped to launder more than US$1.5 billion in drug money through Switzerland.
An interesting extrapolation of the figure for which he was sentenced, in Dolus Eventualis (a vague legal definition pitched somewhere between intent and negligence), which was $6m.
Swiss sentences
A Swiss court sentenced Palazzolo in September 1985 to a three year prison term for money laundering, after establishing he was in control of some of the accounts where money raised from the heroin sales were deposited.[4][5][6] The appeal court increased the sentence to five-and-a-half years in April 1986.[7][8]
It was the same court (Cassation and Criminal Review) on the 5th November 1993, that amended their previous judgement, convicting him instead to 3 years and 9 months imprisonment.
The United States
The Federal Bureau of Investigation (FBI) considered him to be one of the top seven in the Sicilian Cosa Nostra.[9][10].
What Don Calo omits is that this rumour originated from a speaker at the US Embassy in Pretoria, South Africa, and was immediately refuted by Louis Freeh, no less, the Director General of the FBI.
Escape to South Africa
While on 36-hour parole from a prison in Switzerland he absconded to South Africa on a false passport – obtained from a fellow inmate at a prison in Lugano, Switzerland – and a holiday visa in December 1986.[6][11]
In point of fact Palazzolo was at semi-liberty in Switzerland at the time and was awaiting the result of his review application, which in any case he won when he returned to Switzerland, voluntarily, in February 1988. Had he "absconded", as Don Calo states, he would have been charged accordingly, but never was.
Burgersdorp and von Palace Kolbatschenko
Palazzolo travelled to the Eastern Cape, where National Party parliamentarian Peet de Pontes for East London had organised Ciskei residence for him. Palazzolo acquired Ciskei citizenship, and a new name: Robert von Palace Kolbatschenko, claiming aristocratic German lineage, born in Burgersdorp.
Palazzolo has aristocratic Norman Sicilian lineage and his great Grandmother, Princess Kolbatschenko, was in fact German. Hence the name. As to the Burgersdorp claim, when they put in his place of birth the computer in Ciskei wasn't formatted for foreign place names and put in Burgersdorp by mistake. Which was later rectified but by the then the Press had got hold of it and so by default, Don Calo.
Peet De Pontes
On the strength of a new passport in this name, he obtained resident status in South Africa – but all files relating to the application are missing.[12][6]
The answer to this is that Peets de Pontes was convicted and fined R35,000 because, amongst many other things (including attempted theft from Palazzolo), he got rid of the files.
De Pontes maintained he was wrongly convicted – saying former minister of foreign affairs Pik Botha threatened in 1988 to "destroy him" after a photograph of Palazzolo and Botha together at an NP function was published in a newspaper. De Pontes said among the deals he and Palazzolo worked on was a 1987 sanctions-busting attempt to import submarines and jet fighters for the apartheid regime.[13]
One wonders why, given the credibility of Don Calo's sources, De Pontes and he didn't include atom bombs in their arsenal for the apartheid regime?
Guns and diamonds
After inviting a Home Affairs official to his farm at Franschhoek, Palazzolo was granted a South African residence permit in December 1987. By January 1988, Swiss police had traced him and informed their South African counterparts. The South African Narcotics Bureau (Sanab) raided Palazzolo's Franschhoek farm, Terra de Luc, and arrested him - seizing 10 guns and diamonds worth 500,000 Rand together with documents indicating that Palazzolo had invested more than 25 million Rand in businesses in South Africa and Namibia. He was declared an undesirable person in South Africa and returned to Switzerland to complete his jail sentence.[12][6]
The diamonds and guns were returned because they were fully documented and legal. There is nothing than can be inferred from this. He was never declared an undesirable person. He returned to Switzerland of his own volition.
Political contacts
In 1992, Palazzolo was reportedly living in a residence in Ciskei belonging to then-military ruler Oupa Gqozo, but soon he was back in South Africa. The Cabinet, headed by president Frederik Willem de Klerk, approved a new South African residence application in March 1993 although at the time Palazzolo was the subject of an Italian extradition warrant, according to the magazine Africa Confidential. In September 1993, De Klerk's government issued a passport to Palazzolo.[12][14]
The extradition request had been refused because it dealt with the same facts (Double Jeopardy) that had been laid to rest, already, in Switzerland. And it was Mr. Mandela who gave him citizenship in 1994, not De Klerk in 1993.
Blackmail
According to some sources Palazzolo allegedly blackmailed former foreign minister Pik Botha with photographs showing Botha in a compromising position in bed with a black woman. The photographs are said to be in the possession of the National Intelligence Agency (NIA).[15] Botha has said the claim was "absolute rubbish" and threatened a R10 million lawsuit against the Mail & Guardian.[16][17]
When considering the depths of speculation that Don Calo plumbs when he writes this paragraph, Pik Botha's words, "absolute rubbish" and his "R10m lawsuit", look entirely appropriate.
Business interests
Palazzolo quickly ingratiated himself with the National Party when he arrived in South Africa in 1986 and also successfully wooed many in the African National Congress (ANC) long before Mandela’s party won the 1994 election, which definitively ended the Apartheid regime.[18] Palazzolo established businesses in Southern Africa, ranging from bottled water to diamond prospecting. His interests are represented either through his sons Christian and Pietro, or through the Von Palace Kolbatschenko Trust. The trust, with offices in Cape Town, is affiliated to Palazzolo's Cape International Holdings, registered in the British Virgin Islands.[12]
Palazzolo administers his businesses directly himself, and the VPK Trust is a family Trust.
Among the approximately 20 companies allegedly linked to him are Anglo-Cape Diamonds, Von Palace Cutting Works and La Vie Mineral Waters. One big foreign deal involved taking a 15% stake in a valuable Angolan diamond concession. Since a tax audit on him started in September 1997, he has argued that his only business enterprise in South Africa is the Franschhoek farm, and that he has no other tax liabilities in the country.[12]
Palazzolo has acted and still acts for more than 20 companies worldwide; he is a financial consultant to various mining enterprises and sometimes if the client is short of funds, he accepts some participation in form of shares or equity in projects.
Heading a Mafia "family" in South Africa
Investigations into Palazzolo restarted in 1995 when police in the Cape received inquiries from Italian police, who were after Mariano Tullio Troia, a Sicilian mafioso wanted for the murder of Salvatore Lima, an associate of former Italian prime minister Giulio Andreotti. A March 1998 briefing compiled by Western Cape police intelligence said Italian police claimed Troia was being harboured by Sicilian Salvatore Morettino, a naturalised South African citizen living in Houghton. The Italian police also gave information of contact between Palazzolo and a prominent Sicilian mafia boss, Giovanni Brusca, convicted in Italy for the murder of Antimafia prosecutor Giovanni Falcone.[6] The document alleged that Palazzolo was believed to head a Mafia "family" in South Africa. Apart from Troia, Mafia suspects Giovanni Bonomo and Giuseppe Gelardi were given refuge by Palazzolo in South Africa and Namibia after they escaped arrest in Italy. Italian police travelled to South Africa, where they confirmed the presence of a number of mafia suspects and "the existence of a well-knit network of corrupted South African officials that protect the Italian fugitives".[12][6]
The above lies came from the PITU (presidential Investigation Task). Bonomo & Gelardi were not fugitives from Italian Justice when they travelled to SA. Troia is the cousin of Dr. Morettino and, since he the day he got married in Johannesburg, has never set foot in South Africa. When he was arrested in Palermo they found a baby born of the woman who had hosted him since becoming a fugitive. It was unlikely that he had the time or the opportunity to have slipped away into hiding, meanwhile, in South Africa. All of these were fabrications by police officials in South Africa who cashed in on the story, paid out by the Italian State Police. The absurdity of which was illustrated when the police raided a house where Troia was supposed to be hiding, where they found instead a law abiding, ordinary South African citizen, who reported them to the Police! The Italian Police were thoroughly embarrassed by this and were ordered by the Attorney General in Palermo to fly back to Italy immediately.
More judicial inquiries
In November 1999, Palazzolo was arrested in connection with fraud and forgery charges relating to his South African citizenship. Home affairs officials discovered that it was issued fraudulently. He was released on a 500,000 rand bail,[11] but re-arrested at his Bantry Bay home in Cape Town in March 2000.[19] In March 2003, he was acquitted of contravening South African law when applying for citizenship in 1994.[20] The judge criticised the Directorate of Public Prosecutions for wasting the court's time with cases they could never win.[21]
The High Court rebuked the Directorate of Public Prosecutions for bringing this case in the first place, told them to withdraw it and to apologise to Palazzolo.
Investigators also probed Palazzolo's alleged role in money laundering through Liechtenstein companies and trusts and requested legal assistance from authorities. An international cooperation granted by the regional court in Vaduz in March 2000 has been ruled invalid. Following an agreement between lawyers for the state and Palazzolo, the Cape High Court ordered that the state "shall forthwith withdraw the requests for mutual legal assistance to Liechtenstein and Switzerland respectively and also any similar requests made to any other countries since 1999".[11] This means investigators cannot access documents, computer data and other information obtained from four companies and trusts based in. The material was seized and sealed after the Vaduz court approved the cooperation request, stating that "for the period from 1986 to present, the South African investigation authorities have managed to trace approximately 90 transactions to a total of approximately R101,5-million". The Vaduz court decision filed in the Cape High Court said there was a "shrewd scheme" to conceal money flows of millions of dollars into the control of Palazzolo. Reference was made to various offshore accounts, including suspected "Cosa Nostra accounts" and several other companies based outside South Africa.[11]
It is hard to know what Don Calo is alluding to, suffice it to say that Palazzolo's money was released by the Attorney General of Switzerland and declared in writing that the money was clean and did not originate from any crime.
Convicted in Italy
This section has been covered in Court Cases above, which list the latest, relevant cases. There is no space to list all his cases which are very complex and long winded so to mention just a few aspects (like Pentiti or State Witnesses, as Don Calo does) is a misrepresentation of Palazzolo's case.
Palazzolo's denials
Palazzolo has always denied that he is involved in organised crime, has any links to the Mafia, nor enjoys close relations with politicians in the government. In 1992, a court in Rome had found him not guilty of being a member of the Mafia. "I was acquitted of Mafia charges, but I am always the 'alleged Mafia don' and it is disturbing to be portrayed that way to family and friends," Palazzolo maintains.[21]
Public relations adviser?
He hired a public relations adviser, Aldo Sarullo, a former actor, playwright and director, who advised Palermo's Antimafia mayor, Leoluca Orlando, and later Silvio Berlusconi's party Forza Italia, to change his image as Mafia boss.[22]
Palazzolo did not hire Aldo Sarullo, nor ever considered hiring him.
Denials
In an interview with the Italian news agency ANSA in July 2009 he denied to be the so-called treasurer for former Cosa Nostra bosses Riina and Provenzano. He said that "for me it is a great dishonour to be considered the treasurer of Riina and Provenzano, two of the biggest criminals Italy has known. It is shameful to be accused of managing the wealth of these two men, whom I have never met. Perhaps others are proud of being associated with them, like state's witnesses, but not me." He challenged "the Italian police or any police, even the secret service, to produce one single transaction I am alleged to have carried out on behalf of Provenzano or Riina." Palazzolo claims he had been "persecuted" by Italian magistrates based on testimony given by crime figures who had turned state's witnesses.[23]
Extradition denied
In January 2007 the Italian government requested the extradition of Palazzolo after the nine-year sentence was handed down by the Italian court for collusion with the Mafia. This was the sixth request from the Italians since 1992.[24][25] In June 2010, the High Court of South Africa blocked the extradition of Palazzolo due to lack of double criminality requirement as South Africa does not recognize the crime of Mafia association as conceived in Italy. Moreover, the Court also found double jeopardy as Palazzolo had already been acquitted of Mafia association in 1992 by a court in Rome. For the Italian authorities Palazzolo remains a fugitive from justice.[25][26]
This paragraph is largely illiterate. What Don Calo means is that the High Court of South Africa denied Palazzolo's extradition because of the principle of Double Jeopardy, which is the principle that no man or woman can be tried twice for the same crime. Ergo, Palazzolo had already been tried in Switzerland in 1985, for the same facts. Likewise, his acquittal in Rome in 1992.
Palazzolo Website
In September 2010, Palazzolo opened a website to counter the allegations against him. He maintains that he is wrongly persecuted by the Italian judicial authorities. According to Palazzolo he is the victim of "a politically-charged vendetta that has been waged against me by lawyers, crusading politicians, journalists and opportunists who have climbed onto the bandwagon. It is based on a scourge of hearsay, aspersions, half truths, legal twists, inventions and total fabrications. The rule of law has been subverted for the principle of 'success' in the war against crime. Justice has become about newspaper headlines. The political careers of the leading lights in this war have taken on a life of their own, overriding any legal obstacles in securing a conviction against me. I was scooped up in their nets and dished up to the media as proof of their success in the fight against organised crime."[27]
Fircks (talk) 12:14, 19 February 2011 (UTC)
- ^ Appeal Court Caltanissetta accepts review application2.pdf
- ^ [http://www.vrpalazzolo.com/?p=1726 Attorney General in Palermo in March of 2005]
- ^ Supplement to a memorandum by The Advocate Baldassare Lauria on 13th May 2009
- ^ Template:It icon 'Pizza connection' tre le condanne e una assoluzione, La Repubblica, September 27, 1985
- ^ Top cop backs Mafia man, Mail & Guardian, December 12, 1997
- ^ a b c d e f Palazzolo: The mobster from Burgersdorp, Mail & Guardian, November 19, 1999
- ^ Template:De icon "Pizza Connection"-Mitglied in Südafrika verhaftet, Neue Zürcher Zeitung, February 4, 1988
- ^ Template:De icon Schmutzige Wäsche, Der Spiegel, May 12, 1986
- ^ FBI names Palazzolo as Cosa Nostra don, Mail & Guardian, October 12, 1998
- ^ Palazzolo top mafioso - FBI, Daily Dispatch, October 13, 1998
- ^ a b c d Charges against Palazzolo dropped, Mail & Guardian, September 14, 2001
- ^ a b c d e f Nats were in bed with Mafia boss, Mail & Guardian, February 5, 1999
- ^ 'SA mafia' fears Vito's arrest, Mail & Guardian, November 19, 1999
- ^ Men of honour, Africa Confidential, 40(3), February 5, 1999
- ^ Did Palazzolo blackmail Pik?, Mail & Guardian, October 9, 1998
- ^ Dispatch readers first to hear of Palazzolo, Daily Dispatch, October 15, 1998
- ^ 'It's rubbish' - Pik Botha, Mail & Guardian, October 16, 1998
- ^ Mafia man free ... for now, Mail & Guardian, July 3, 1998
- ^ Palazzolo re-arrested, Mail & Guardian, March 6, 2000
- ^ Businessman Palazzolo cleared of all charges, SAPA, March 14, 2003
- ^ a b 'Palazzolo case wasted the court's time', Weekend Argus, March 14, 2003
- ^ Alleged mafia don hires image consultant, The Guardian, June 30, 2004
- ^ Fugitive Refutes Mafia Ties, ANSA, July 1, 2009
- ^ Department of Justice accused of bias against Palazzolo, The Cape Times, May 19, 2010
- ^ a b Template:Af icon Palazzolo wen stryd teen uitlewering, Die Burger, June 15, 2010
- ^ Template:It icon Il Sudafrica nega l'estradizione di Palazzolo, La Repubblica, June 19, 2010
- ^ Cite error: The named reference
website
was invoked but never defined (see the help page).