Berlusconi's Lawyers Press Leader's Need for Immunity
Berlusconi's Lawyers Press Leader's Need for Immunity
ROME - Prime Minister Silvio Berlusconi’s lawyers asked an Italian court Tuesday to uphold an immunity law that has shielded him from a corruption trial in Milan, a decision that could determine the future of his government.
The Constitutional Court in Rome was hearing arguments Tuesday before deliberating over whether the legislation complies with the Constitution, but it was unclear when the court’s 15 judges would issue a ruling. But one of Mr. Berlusconi’s lawyers, Gaetano Pecorella, suggested that a decision could be made this week.
A rejection of the legislation could lead to pressure on Mr. Berlusconi to resign and possibly to early elections. A ruling upholding the immunity law might give him a boost at a time when he is embroiled in a sex scandal.
Mr. Berlusconi, a businessman-turned-politician with a history of legal troubles stemming from his private interests, said this week that “nothing will make us betray the mandate that Italians have given us.”
The law in question - passed in 2008 after Mr. Berlusconi took power for the third time - grants immunity to the prime minister, the Italian president and the two speakers of Parliament while in office.
It was spearheaded by a Berlusconi ally, Justice Minister Angelino Alfano, and passed as Mr. Berlusconi was on trial in Milan on charges that he bribed a British lawyer for false testimony. As a result, the trial was suspended, drawing accusations that the legislation was tailor-made for the prime minister.
The law, however, only freezes the statute of limitations while the officials are in office, leaving the possibility of them being prosecuted after their terms end. Critics argue that the law violates the principle that all are equal before the law.
Mr. Berlusconi has denied the corruption charges, and the Milan proceedings could resume if the court determines that the immunity law is unconstitutional. His lawyers have suggested the prime minister may have to resign since he would be unable to do his job while on trial.
“It is not possible to serve at the same time, and effectively, in the double role of top official and defendant,” another of his lawyers, Piero Longo, told the court.
“A high-ranking official must be available for any event that might require his political attention,” Mr. Longo said. “In the global geopolitical system we live in today, sudden crises or dramatic events - both on the international scene and in our beloved country - are as unforeseeable as they are physiologic.”
A third Berlusconi lawyer, Niccolo Ghedini, said that while all Italians were equal before the law, the application of the law was not necessarily equal for all, meaning that the procedures in which a trial takes place might change without this violating the Constitution.
The 2008 immunity law amended earlier legislation passed by Mr. Berlusconi’s allies but rejected by the Constitutional Court in 2004.
In the Milan trial, Mr. Berlusconi was accused of ordering the 1997 payment of at least $600,000 to a British lawyer, David Mills, in exchange for Mr. Mills’s false testimony at two hearings in other corruption cases in the 1990s.
While Mr. Berlusconi’s portion of the trial was frozen when the immunity bill was passed, the proceedings continued for Mr. Mills. In February, he was convicted of corruption and sentenced to four and a half years in prison. Mr. Mills has maintained his innocence and said he will appeal.
In his past legal woes, Mr. Berlusconi has either been acquitted or cleared because the statute of limitations had expired. He has always maintained his innocence and depicted himself as a victim of left-leaning magistrates.
Berlusconi immunity law overruled
Italy's highest court has overturned a law granting Prime Minister Silvio Berlusconi immunity from prosecution while in office.
The Constitutional Court annulled the law, which had allowed him to withdraw from several cases. In one he was facing corruption charges.
Opponents say immunity violates the principle that all citizens are equal.
A spokesman for Mr Berlusconi said the verdict was "politically motivated" and insisted he would not resign.
"Berlusconi, the government and the majority will continue to govern," spokesman Paolo Bonaiuti said.
'Distractions'
There has been speculation in Italy that at least two court cases against the prime minister could resume if the law was annulled.
The BBC's Duncan Kennedy, in Rome, says the news has stunned Italy, where he has widespread public support, although that has dipped in recent times.
The opposition has already called on him to step down, although it remains unclear how Mr Berlusconi's coalition partners will react, our correspondent says.
When Mr Berlusconi came to office he was facing at least three court cases, including one involving the British lawyer David Mills.
In that case Mr Berlusconi was accused of bribing him to give false evidence.
Mills, who said he was innocent, was sentenced in February to four years and six months in prison for corruption.
Mr Berlusconi and his lawyers had argued that he needed the immunity law to carry out his duties as prime minister, our correspondent says.
The appeal to the Constitutional Court was launched by prosecutors including those from the Mills case.
They contended that immunity put Mr Berlusconi above the law and needed to be reversed.
Mr Berlusconi argued that immunity allowed him to govern without being "distracted" by the judiciary.
SOURCE 1 and SOURCE 2
ROME - Prime Minister Silvio Berlusconi’s lawyers asked an Italian court Tuesday to uphold an immunity law that has shielded him from a corruption trial in Milan, a decision that could determine the future of his government.
The Constitutional Court in Rome was hearing arguments Tuesday before deliberating over whether the legislation complies with the Constitution, but it was unclear when the court’s 15 judges would issue a ruling. But one of Mr. Berlusconi’s lawyers, Gaetano Pecorella, suggested that a decision could be made this week.
A rejection of the legislation could lead to pressure on Mr. Berlusconi to resign and possibly to early elections. A ruling upholding the immunity law might give him a boost at a time when he is embroiled in a sex scandal.
Mr. Berlusconi, a businessman-turned-politician with a history of legal troubles stemming from his private interests, said this week that “nothing will make us betray the mandate that Italians have given us.”
The law in question - passed in 2008 after Mr. Berlusconi took power for the third time - grants immunity to the prime minister, the Italian president and the two speakers of Parliament while in office.
It was spearheaded by a Berlusconi ally, Justice Minister Angelino Alfano, and passed as Mr. Berlusconi was on trial in Milan on charges that he bribed a British lawyer for false testimony. As a result, the trial was suspended, drawing accusations that the legislation was tailor-made for the prime minister.
The law, however, only freezes the statute of limitations while the officials are in office, leaving the possibility of them being prosecuted after their terms end. Critics argue that the law violates the principle that all are equal before the law.
Mr. Berlusconi has denied the corruption charges, and the Milan proceedings could resume if the court determines that the immunity law is unconstitutional. His lawyers have suggested the prime minister may have to resign since he would be unable to do his job while on trial.
“It is not possible to serve at the same time, and effectively, in the double role of top official and defendant,” another of his lawyers, Piero Longo, told the court.
“A high-ranking official must be available for any event that might require his political attention,” Mr. Longo said. “In the global geopolitical system we live in today, sudden crises or dramatic events - both on the international scene and in our beloved country - are as unforeseeable as they are physiologic.”
A third Berlusconi lawyer, Niccolo Ghedini, said that while all Italians were equal before the law, the application of the law was not necessarily equal for all, meaning that the procedures in which a trial takes place might change without this violating the Constitution.
The 2008 immunity law amended earlier legislation passed by Mr. Berlusconi’s allies but rejected by the Constitutional Court in 2004.
In the Milan trial, Mr. Berlusconi was accused of ordering the 1997 payment of at least $600,000 to a British lawyer, David Mills, in exchange for Mr. Mills’s false testimony at two hearings in other corruption cases in the 1990s.
While Mr. Berlusconi’s portion of the trial was frozen when the immunity bill was passed, the proceedings continued for Mr. Mills. In February, he was convicted of corruption and sentenced to four and a half years in prison. Mr. Mills has maintained his innocence and said he will appeal.
In his past legal woes, Mr. Berlusconi has either been acquitted or cleared because the statute of limitations had expired. He has always maintained his innocence and depicted himself as a victim of left-leaning magistrates.
Berlusconi immunity law overruled
Italy's highest court has overturned a law granting Prime Minister Silvio Berlusconi immunity from prosecution while in office.
The Constitutional Court annulled the law, which had allowed him to withdraw from several cases. In one he was facing corruption charges.
Opponents say immunity violates the principle that all citizens are equal.
A spokesman for Mr Berlusconi said the verdict was "politically motivated" and insisted he would not resign.
"Berlusconi, the government and the majority will continue to govern," spokesman Paolo Bonaiuti said.
'Distractions'
There has been speculation in Italy that at least two court cases against the prime minister could resume if the law was annulled.
The BBC's Duncan Kennedy, in Rome, says the news has stunned Italy, where he has widespread public support, although that has dipped in recent times.
The opposition has already called on him to step down, although it remains unclear how Mr Berlusconi's coalition partners will react, our correspondent says.
When Mr Berlusconi came to office he was facing at least three court cases, including one involving the British lawyer David Mills.
In that case Mr Berlusconi was accused of bribing him to give false evidence.
Mills, who said he was innocent, was sentenced in February to four years and six months in prison for corruption.
Mr Berlusconi and his lawyers had argued that he needed the immunity law to carry out his duties as prime minister, our correspondent says.
The appeal to the Constitutional Court was launched by prosecutors including those from the Mills case.
They contended that immunity put Mr Berlusconi above the law and needed to be reversed.
Mr Berlusconi argued that immunity allowed him to govern without being "distracted" by the judiciary.
SOURCE 1 and SOURCE 2