Plainly, it is an affidavit from an Italian lawyer about what he witnessed in the federal court room in Rome. If you knew anything about the Italian justice system, you would know that it is known for being very slow. It's the slowest in Europe. D'Urso provided an affidavit since it is faster than waiting for the court transcripts.
Plainly, this is mistaken. Unnotarized, it is not an affidavit. D'Urso does NOT represent D'Elia as his defense attorney. D'Elia's defense attorney is Damiano Cardiello. The prosecuting judge is Roberto D'Auria in Naples, not Rome.
The D'Urso "affidavit" even says, "D'Elia has been deposed by the presiding judge in Naples...."
January 6th, the day of the affidavit, is an Italian national holiday and such a holiday in nearly all latin countries. It is the traditional day when Christmas presents were opened. It celebrates the day when the three kings showed up with presents for the baby Jesus. If you ever lived in a latin country, you would probably know that.
Since December 5, 2020, D'Elia has been in confinement concerning charges related to acts in 2015-2017.
Moreover, the "affidavit" makes no allusion to D'Urso so much as having made any contact with D'Elia whatsoever, at any time. As testimony, it would be worthless. It states he
do[es] hereby provide the following affidavit of facts as conveyed in several meetings with a high level army security services official.Arturo D'Elia, former head of the IT Department of Leonardo SpA....
It is not a quote of the unidentified official but a paraphrase of what Ollie Official allegedly "conveyed" to D'Urso. The entirety of D'Urso's claim is that he heard the unidentified Ollie Official "convey" certain information. Technically, D'Urso's statement would be true and accurate even if Ollie Official "conveyed" pure fiction. Nothing in the lawyer's statement identifies the "high level army security services official" as D'Elia. The next sentence, D'Urso identifies D'Elia as a former head of IT Department at Leonardo.
I've lived in Europe, including Italy, and having seen real legal documents with stamps and seals, I have some vague familiarity with their system of law, and even a holiday or two.
D'Urso provided an affidavit since it is faster than waiting for the court transcripts.
A court transcript of what? D'Urso's alleged meetings with an unnamed high level army security services official? What was D'Urso doing in court? He is not defense counsel on a computer hacking charge.
No, D'Elia, himself, is the "high level army security services official". Do note that D'Elia is not an army official, but one who provides services to the Italian army. In the U.S. we would usually call such a person a civilian employee of a military contractor. The author of the affidavit is not an American, is not a native speaker of English, and, likely learned a more British variant of English. (British English is more popular in Europe.)
D'Elia was most certainly not an official anything on January 6, 2021. He was taken into custody on December 5, 2020, where he remains. D'Elia has been charged by the public prosecutor of Naples for technology/data manipulation and implantation of viruses in the main computers of Leonardo S.p.A. in December 2020.
D'Elia worked for and at a facility of a civilian company, Leonardo, SPA, heading its IT department. D'Elia "served as IT security consultant at NATO's Communication and Information Agency in Rome between 2010 and 2015."
There is no need to speculate what D'Urso sounds like. His accented English does not sound very British to me.
https://www.youtube.com/embed/q_R7giZ3WiY
American English overtook British English. Business, rock and roll, movies, television, and American bases.
He states on the video that the statement is dated 6 November 2021.
There have beeen no charges brought regarding anything to do with elections. D'Elia is not confined on a charges related to elections in 2020, but hacking in Italy. He was charged by the Naples prosecutor for crimes committed between 2015 and 2017.
The investigating judge is Roberto D'Auria, in Naples, not Rome. The investigation is a separate judicial phase in Italy.
In particular, at the state of the acquisitions, it appears that this serious cyber attack was carried out by an IT security manager of Leonardo SpA, Mr. Arturo D'Elia, against whom the GIP of the Court of Naples ordered the measure of pre-trial detention in prison.
Leonardo statement [Google translate]
Leonardo on the measures of the Naples Public Prosecutor's OfficeRome, 5 December 2020 - With regard to today's measures adopted by the Naples judiciary, Leonardo announces that the investigation resulted from a complaint presented by the same company security, which was then followed by others. The measures concern a former collaborator not employed by Leonardo and an employee, not a manager, of the company. The Company, obviously the injured party in this affair, has provided since the beginning and will continue to provide maximum cooperation to the investigators to clarify the incident and for its own protection. Finally, it should be noted that classified or strategic data is processed in segregated areas and therefore without connectivity and in any case not present in the Pomigliano site.
That doesn't negate anything he stated. The Italian legal system may have different laws about hearsay, than what exists in the U.S., where hearsay is routinely admitted into evidence in court.
Federal Rules of Evidence, Rule 802:
Rule 802. The Rule Against HearsayHearsay is not admissible unless any of the following provides otherwise:
• a federal statute;
• these rules; or
• other rules prescribed by the Supreme Court.(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)