A final hearing in the matter was scheduled for February 21, 2007.
A final hearing on the case has still not been set.
The decision can either be made at the final hearing or a later public meeting.
The case will now go to Italy's highest court for a final hearing, a process that could take several years.
The court posted the matter for final hearing on 6 November 2012.
Only around 10% of cases go to a fully contested final hearing.
Roberts hoped a final hearing would find that, at 72, he was no longer a risk to the public.
The final hearing of those proceedings was on 15 May 1991.
Additional staff reports are expected to be made public next month at the panel's final hearings.
That was the night before the final hearing, the formal sentencing.