Italy's top court today threw out a case against a British lawyer convicted of taking a bribe from Silvio Berlusconi in a ruling that could affect charges against the prime minister in a related case.
The Court of Cassations did not specifically pronounce a judgement on guilt or innocence but ruled the case against David Mills had expired because the statute of limitations had kicked in.
In a complex decision, the court ruled that the crime of which Mills had been convicted and sentenced to four-and-a-half years in jail for, had now expired because it happened more than eight years ago.
Mills, the estranged husband of a British government minister, was sentenced a year ago for taking a $600,000 bribe to give false testimony in court and withhold incriminating details about Mr Berlusconi's business dealings. Both men deny any wrongdoing.
The court ruled that the date of the crime was when Mills heard from a manager of Berlusconi's Fininvest holding company in November 1999 that funds were at his disposal.
A lower appeals court in Milan, which in October upheld the original conviction, considered the crime was committed when Mills withdrew the money in 2000, meaning the statute of limitations would have taken effect later.
In a surprise move earlier today, however, the state prosecutor told the court that even he believed the crime had been committed in 1999 and was thus covered by the statute of limitations.
However, The court granted the prosecution's request that Mills should pay the state €250,000 in damages.
The Cassation ruling can have a direct effect on a separate trial against Berlusconi in the Mills affair, which resumed late last year. The statute of limitations could now kick in earlier in that trial as a result of Thursday's ruling.
The separate trial against Berlusconi had been suspended thanks to his immunity from prosecution, which was ruled unconstitutional last October. Its next hearing is due on Saturday.
Mr Berlusconi, who is also facing another trial on charges of tax fraud, says he has been hounded by "communist" magistrates since entering politics in 1994.
Reuters