THE OPENING day of the “Rubygate” sex scandal trial in Milan involving Italian prime minister Silvio Berlusconi was over almost as soon as it began yesterday, as expected.
At the end of a five-minute procedural hearing, the trial, in which Mr Berlusconi (74) is accused of “underage prostitution” and “abuse of office”, was adjourned until May 31st.
It was something of a Kafkaesque morning at the Milan court house, with the battalions of the world’s media, plus pro- and anti-Berlusconi factions, turning up for a short hearing. It was attended neither by Mr Berlusconi nor by the key witness, Moroccan teenager Karima “Ruby” El Mahroug (18).
Despite the brevity of the hearing, however, the day did produce one potentially significant development when lawyers for Ms El Mahroug confirmed that their client would waive the right to register as a civil plaintiff against Mr Berlusconi in relation to the charge of underage sex.
Essentially, Mr Berlusconi is accused of having had sex with Ms El Mahroug between February and May of last year, when she was 17.
The “abuse of office” charge relates to the allegation that the prime minister lied when he put pressure on Milan police last May to release her when she was held on theft charges, by claiming that she was the granddaughter of Egyptian president Hosni Mubarak. If found guilty of either charge, the prime minister could be sentenced to anything from six months to 12 years.
Lawyer Giorgio Perroni, one of Mr Berlusconi’s legal team, yesterday expressed the view that he would be acquitted of both charges, adding: “The significant aspect of today’s hearing is that no one, neither the Milan police station functionaries nor Ms Ruby, wishes to register as a civil plaintiff [against Mr Berlusconi].”
With a large number of witnesses likely to be summoned – last week the prosecution and the defence named 210 potential witnesses – this trial seems destined to be lengthy. However, following a vote in parliament on Tuesday, the trial may well be suspended before it can really begin.
By a majority vote of 12, the lower house voted in favour of calling on the constitutional court to rule on a potential conflict of jurisdiction re Rubygate.
Mr Berlusconi’s defence argues that he was acting in his role of prime minister, keen to avoid a possible diplomatic incident, when he rang the Milan police station last May. In that case, the “abuse of office” charge should be heard by the tribunal of ministers and not by Milan judges, they argue.
Mr Berlusconi’s opponents argue that for the tribunal to sit in judgment on anyone, parliament has to give the go-ahead, which is unlikely in a parliament in which he commands a majority.
On Tuesday, opponents of Mr Berlusconi held three different demonstrations in Rome to protest that the jurisdiction question is simply another scam to avoid him having to stand trial.
Former magistrate Antonio Di Pietro, leader of the Italy of Values group, argued that so many deputies had been “bought, sold or blackmailed” that the house was guaranteed to defend the prime minister.