HOURS after a Rome military tribunal effectively acquitted an 83 year old former SS officer of a part bin Italy's worst wartime atrocity, he was rearrested, according to his lawyer. Erich Priebke was found guilty yesterday of a part in the March 1944 massacre of 335 civilians at the Ardentine Caves, south of Rome.
Witnesses saw Priebke, who had been under siege from angry protesters since the verdict, being escorted from the court by police. He was expected to be held at one of Rome's two civilian prisons pending a decision on possible extradition to Germany.
The tribunal ruled that Priebke could not be convicted because of "extenuating circumstances" and a 50 year statute of limitations.
As presiding judge Mr Agostino Quistelli read out the sentence, there was uproar in the crowded courtroom. Relatives of the Ardeatine victims shouted "assassin" and "Fascist" at Priebke.
The Italian government issued an unusual statement last night expressing its solidarity with the families of the victims. The Senate observed a minute's silence in memory of those killed.
The city of Rome was last night in mourning, with the mayor, Mr Francesco Rutelli, ordering that illumination of all public monuments be turned off, while a hastily arranged memorial ceremony was also held at the Ardeatine Caves.
Act one in the inevitably controversial, often highly emotive, Priebke case has thus closed amid confusion and legal wrangling.
To the surprise of many, the Rome military tribunal acknowledged Priebke's guilt but ruled that he could not be convicted because of unspecified "extenuating circumstances" (one of which might be his age) and the statute of limitations.
Commentators suggested that a full understanding of the decision would come only when the full ruling is published in 90 days' time.
The prosecution had asked that Priebke be given a life sentence for his part in the multiple homicide at the caves on March 24th, 1944 in reprisal for the killing of 33 Nazi soldiers. Priebke had never denied his involvement in the killings.
The lawyer, Mr Velio di Rezze, said his client, who appeared tired as he was being led away, had spoken of an "injustice".
AFP adds:
The prosecutor of the military tribunal said earlier that he would appeal against the acquittal.
. Argentina, reflecting feeling in the country's Jewish community, said it felt "deep regret" at the decision and would not allow Priebke to return to Argentina.