Italy's top court asked to rule on Berlusconi judge
Lawyers for Silvio Berlusconi have asked Italy’s top court to overturn a ruling to keep the main judge hearing the trial of the former premier and the estranged husband of British Culture Secretary Tessa Jowell.
Berlusconi and British lawyer David Mills face charges of false accounting, embezzlement and tax fraud over the purchase by Berlusconi’s Mediaset empire of TV rights for US movies.
Berlusconi’s lawyers had requested the removal of Judge Edoardo D’Avossa because he had presided over other cases involving Mediaset, the former premier’s media empire. However, an appeals court in Milan ruled against their request earlier this month.
The former premier’s lawyers filed a new appeal with Italy’s Cassation Court several days before Christmas, lawyer Niccolo Ghedini said.
“The summary (of our appeal) is that D’Avossa has already expressed an opinion on the case, so it is evident that finding D’Avossa once again judging Berlusconi’s case” is not appropriate, Ghedini said.
Berlusconi’s defence has typically sought to remove judges who have participated in other trials involving the former prime minister’s media company, moves that can delay proceedings.
Milan prosecutors allege Mediaset purchased TV rights for US movies before 1999 through two offshore companies and falsely declared the costs to lower their tax bill.
Ghedini added that a ruling from the Cassation court was not expected for at least a couple of months.
Mills told Sky News at the time he was indicted that he was baffled by the charges – which involve a period during which he was no longer acting for Berlusconi’s companies.
Berlusconi, who lost power in last April’s elections but remains Italy’s longest-serving post-war leader and richest man, has a long history of legal troubles linked to Milan-based business interests.
To date, he has either been acquitted or seen cases against him dismissed because the statute of limitations had expired. He has always maintained his innocence.
