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Thursday, 10 February 2011 - Magistrates seek immediate trial for Berlusconi
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    Yahoo! My Yahoo! Mail More Yahoo! Services Account Options New User? Sign Up Sign In Help Yahoo! Search web search Home Singapore Asia Pacific World Business Entertainment Sports Technology Weekend Edition Africa Europe Latin America Middle East North America Magistrates seek immediate trial for Berlusconi AFP - Thursday, February 10 Send IM Story Print Magistrates seek immediate trial for Berlusconi MILAN (AFP) - – Italian prosecutors Wednesday requested that Prime Minister Silvio Berlusconi be put on trial immediately for abuse of power and having sex with an underage girl nicknamed Ruby the Heartstealer. Berlusconi reacted by calling the request a "farce," condemning his accusers for acting "subversively" and dismissing their case as a pretext by a politically-biased judiciary to smear him in the media and eventually oust him. Chief prosecutor Edmondo Bruti Liberati and his fellow judges allege that the 74-year-old leader paid for sex with nightclub dancer Ruby, who was 17 at the time, and improperly used his power as prime minister by asking police to release her after she had been arrested for suspected theft in May. Using the services of prostitutes is not a crime in Italy, but paying for sex with a girl under the age of 18 is illegal. Berlusconi has denied ever paying for sex, let alone with Ruby, who only turned 18 in November 2010. Under Italian law, the fast-track procedure of summary judgement, which skips preliminary hearings and goes straight to trial, can be requested by the public prosecutor's office when there is clear evidence of an offence. But Berlusconi's lawyers claim the Italian leader did not abuse his power when he told police to release Ruby, because he wrongly believed she was the niece of Egyptian President Hosni Mubarak. Berlusconi said Wednesday he had been carrying out his duty by helping a fellow leader and avoiding diplomatic fallout and international embarrassment. But the prosecutors also submitted a legal memo rejecting the claim. Examining magistrate Cristina Di Censo will now have at least five days to come to a decision and could fix a start date for the trial for sometime in the coming months. Should she decide the request lacks sufficient proof to warrant a speedy trial, magistrates will have to try to bring Berlusconi into court through lengthier channels. Di Censo will also have to rule on whether the Milan court is competent to judge the case. Berlusconi's lawyers claim he can only be judged by a special court for members of parliament. Should Di Censo give the Milan court the nod, Ghedini has said he will appeal and the motion will go to a vote in the Chamber of Deputies, where Berlusconi's coalition has the majority. The probe into the premier's allegedly wild sex life was made public on January 14, a day after a court partially stripped him of political immunity. The prime minister flatly refused to obey a summons for questioning, claiming the magistrates were not qualified to handle the case. But with judges now deciding on a case-by-case basis if Berlusconi should appear in court, he may be forced to obey a summons if he cannot prove a legitimate impediment. Around 50 of the prime minister's supporters faced off with a group of his accusers outside the Milan court where the prosecutors submitted their request for an immediate trial. "In the end, he'll once more find a way to get out of this trial," said one critic, referring to the many trials over the years against the prime minister on charges including witness corruption and tax fraud. Though Berlusconi has been sentenced to a total of six years and five months in prison over the years, each case has either been overturned on appeal or been invalidated under the statue of limitations. But after a Milan court reopened two trials involving the prime minister, he now finds himself facing old charges, including witness corruption and tax fraud. Should he come to trial for the latest allegations, he could receive up to three years in prison if found guilty of paying minors for sex, and from six to eight years for abuse of power. Although the young Moroccan Ruby is only a witness in the case against Berlusconi, prosecutors Wednesday said she is under investigation for having lied to police about her age and surname and about being a professional dancer. 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