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Italy's top court debates Berlusconi immunity law
Tue Oct 6, 2009 4:31pm EDT
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By Silvia Aloisi
ROME (Reuters) - Italy's top court debated on Tuesday whether a law granting immunity to Prime Minister Silvio Berlusconi violates the constitution, in a politically sensitive ruling that could reopen trials against him.
After a public hearing, the Constitutional Court's 15 judges withdrew to deliberate and after about two hours in private adjourned until Wednesday morning, a judicial source said.
They are expected to rule by Thursday, but Italian media said they were split down the middle over the case, and could decide to delay their verdict by two weeks.
The controversial law shielding Italy's top four holders of state office, including Berlusconi, from prosecution was one of the conservative leader's first acts after he formed his latest government last year.
Legal proceedings against him were halted as a result, including a trial in which he is accused of bribing British lawyer David Mills to give false testimony to protect his businesses.
Two other cases, one accusing Berlusconi of tax fraud and false accounting over the acquisition of TV rights by his family-owned broadcaster Mediaset, and another involving allegations that he tried to corrupt opposition senators, have also been frozen.
Berlusconi denies any wrongdoing.
Prosecutors in those cases have appealed to the Constitutional Court, arguing that the immunity law violates principles enshrined in the constitution -- including that all citizens are equal before the law.
The court began by hearing both sides on Tuesday morning. In an initial blow to magistrates who want immunity lifted, it excluded some of their representatives on technical grounds -- although that has no clear bearing on the final ruling.
"Everything is possible, but I trust the court's judgment," said one of Berlusconi's lawyers, Gaetano Pecorella.
BERLUSCONI DEFIANT
Analysts say the court's verdict will have strong political implications for Berlusconi. Should it rule that his immunity is unconstitutional, that would weaken him further at a time when his popularity has already been hurt by sex scandals.
A defiant Berlusconi said on Monday he would serve out his full term until 2013 and his allies closed ranks around him.
"Berlusconi is firmly at the helm of the country, because that is the will of the voters who gave him the mandate to govern for five years. The court's ruling will certainly not decide the fate of the government," said Planning Minister Gianfranco Rotondi.
Culture Minister Sandro Bondi said Berlusconi was "calm and confident" in the run-up to the verdict. But opposition leader Dario Franceschini said he was worried about what might happen if the Constitutional Court ruled against Berlusconi. Continued...
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