ITALY’S POLITICAL temperature rose yesterday when a preliminary hearing judge in Milan ruled that Prime Minister Silvio Berlusconi should stand trial on April 6th on charges of “exploitation of underage prostitution” and “abuse of office”.
Opposition leaders called on Mr Berlusconi to resign, while the prime minister’s supporters claimed he was the victim of a judicial witch-hunt orchestrated by leftist magistrates.
Prior to yesterday, Mr Berlusconi and his legal team had argued that the Milan magistrates had neither technical nor territorial jurisdiction over the charges, a view that appeared to be supported by a parliamentary vote two weeks ago.
In relation to the abuse-of-office charge, Mr Berlusconi’s defence has argued that he made a phone call to a Milan police station last May, successfully urging the immediate release of Moroccan belly dancer Karima “Ruby” El Mahroug, because he believed she was the granddaughter of the recently deposed Egyptian president Hosni Mubarak. Mr Berlusconi was, therefore, acting in his role of prime minister, attempting to avoid a diplomatic incident and accordingly should be tried by a special tribunal of ministers. Judge Cristina Di Censo appears, however, to have accepted the magistrates’ accusation that he was, in fact, “abusing” rather than “using” his office.
On the second charge of underage prostitution and the allegation that Mr Berlusconi had sexual relations with the then 17-year-old Ruby, the defence argued that since the alleged offences took place in Mr Berlusconi’s private residence in Arcore, outside Milan in the province of Monza, then the case should be heard not in Milan but rather in Monza. It would appear that Judge Di Censo has also rejected that objection.
Inevitably, reaction to the judge’s ruling was divided. Senior Democratic Party figure Dario Franceschini called for the prime minister’s resignation, saying: “Berlusconi claims he is both innocent and persecuted. In that case, let him face the judges like anyone who has nothing to hide and save the country from the international mortification of a prime minister being tried for underage prostitution crimes.”
Many senior figures in the government centre-right majority spoke in defence of Mr Berlusconi. Typical was this comment from education minister Mariastella Gelmini: “This is nothing less than an attack on the people’s sovereignty and on an institution of the state. One state power is trying to overturn the popular vote, thus undermining a fundamental principle of all democracies.”
Mr Berlusconi is summonsed to stand trial on a fast-track process usually adopted only when magistrates consider that evidence of the alleged crime is clear.
He will be judged by a panel of three women judges and the charges could result in a prison sentence, ranging from six months to 12 years. However he is unlikely to go to jail.