The preliminary hearing on 12 January 2024 lasted approximately one and a half hours.  

Defense lawyers as well as three lawyers for the prosecution were present in the courtroom. No defendants were in attendance and there was also no lawyer present from the State Legal Service of Palermo (Avvocatura dello Stato), assigned to represent the Ministry of the Interior in its capacity as a civil party in the proceedings (see report from 25 February 2023). 

The hearing began with the judge announcing that requested evidence had been received from the Italian MRCC and Coast Guard and added to the case file. From the IMRCC, this included the phone communications requested between the IMRCC and the ship Aquarius during the March 2017 search and rescue incident under examination, as well as transcripts of all communications recorded between the IMRCC and the ships present on scene during the 10 September 2016 and 18 June 2017 search and rescue incidents under examination. From the Coast Guard, the information received and added to the case file included the requested tracking positions of all ships present on scene during the relevant 10 September 2016 and 18 June 2017 incidents.  

After this announcement by the judge, the lawyer for MSF requested additional position tracking data and communications transcripts be sent by the IMRCC and Coast Guard for all ships on site during the 25-26 March 2017 search and rescue events under examination, including the vessels of several sea rescue organizations (Sea Watch, Sea Eye and Aquarius) as well as all military vessels, including Libyan assets, present. The prosecution objected to the request, but the Judge approved it and ordered the data’s acquisition.  

As the tracking data of ships’ positions received comprised separate maps only showing the positions for a single ship at a time, the Judge also requested the preparation, where possible, of combined maps that would include the positions of all ships present during each of the search and rescue events under examination on 10 September 2016; 18 June 2017; 22-23 March 2017; and 25-26 March 2017. He considered this necessary to get a comprehensive overview of the events. 

Next, the conversation turned to the two witnesses for the prosecution scheduled to be examined on 9 and 10 February (see report from 14 December). The prosecution read out formal notes from the Judicial Police (Polizia Giudiziaria) stating that one of the witnesses, contacted by telephone, reported that she would be working onboard a ship during the scheduled hearing dates and would only be able to attend in person starting in March 2024. The Prosecution also reported that the Judicial Police had not been able to make telephone contact with the other witness to notify him of the hearing. Lastly, the prosecution reported that the personnel files for all four of its main witnesses had been added to the case file in digital form. 

Citing the length of the preliminary hearings to date, which he noted were the longest in the history of the Court of Trapani, the judge then sought agreement from all parties to carry out the first witness examination online via Microsoft Teams. If all parties did not agree to this, the judge noted he would retract his order granting the examination of the witness, as it would mean further delaying the end of the preliminary hearing phase. In light of these conditions, all parties agreed to hold the examination via Teams video link. The judge also ordered the prosecution to continue its efforts to summon the second witness for examination with whom contact had so far not been made. 

As the last order of business, the judge confirmed the dates for the next hearings: 26 January; 9-10 February (for the examination of the two witnesses for the prosecution); and 28 and 29 February as well as 1 and 2 March 2024 (for the closing remarks of all parties). Two additional dates, 17 and 24 February 2024, were also provisionally reserved for interim hearings, should the need arise. The judge also stated that he might call a hearing between 26 January and 9 February, in case it would be necessary for adding the additional documentation requested from the Italian MRCC and Coast Guard to the case file.

The next preliminary hearing is scheduled to take place on 26 January 2024.