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Two prosecutors jail for hiding documents in $1.3bn Eni-Shell Nigeria’s Malabu oil field case 

An Italian court sentenced two Milan prosecutors, Fabio De Pasquale and Sergio Spadaro, to eight months in prison on Tuesday for failing to file documents that could have supported Eni’s defense in an alleged corruption case involving a $1.3 billion Malabu oilfield in Nigeria.

The case, involving Eni and Shell, centered around the $1.3 billion acquisition of a Nigerian oilfield and was regarded as one of the energy industry’s most significant corruption trials.

Recall that in 2020, the Nigerian government filed a case against Shell/SNUD and Eni asking for compensation in the sum of $1.3 billion over an Oil Prospecting License 245, also known as OPL 245.

The court noted that De Pasquale and Spadaro had omitted key evidence, including a video from a former Eni external lawyer that could have been favorable to the defense.

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The recent verdict came from a court in Brescia, which has jurisdiction over judicial matters in Milan.

The Brescia court’s eight-month sentence aligns with the request made by prosecutors, who accused De Pasquale and Spadaro of withholding evidence that could have influenced the outcome of the Eni-Shell trial, thereby infringing on the defendants’ rights.

In response to the charges, the prosecutors’ lawyer sought a full acquittal, contending that no explicit rule mandated the filing of documents by prosecutors in such cases.

In March 2021, a Milan court acquitted Eni, Shell, and all other defendants, despite criticisms of the prosecutors’ conduct. Judges ruled that the two prosecutors had a legal duty to submit evidence that might have aided the defense. The lawyer did not offer immediate comments following the conviction.

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