Berlusconi braced for new battle with Italy's judiciary (News Feature)

By Peter Mayer Feb 15, 2011, 16:15 GMT

Rome - Silvio Berlusconi is likely to pull out all the stops, including attempts to introduce new laws or even seek a snap election, in a bid to avoid what opponents say is a long-overdue day in court.

A new trial due to start on April 6, in which he faces charges of having sex with an underage prostitute and abuse of power, is possibly the greatest challenge to date for the premier and his protracted clash with the country's judiciary.

But with Berlusconi's - and by association Italy's - credibility continuing to receive a battering on the international stage, it remains to be seen for how long the combative media-magnate can hold on to power.

In any case, the looming battle between Italy's executive, legislative and judicial branches of power could leave Italy in a 'state of institutional confusion,' says Francesco Verderami, a political commentator for the Corriere della Sera newspaper.

Moreover, such a battle would prevent government and parliament from concentrating on much-needed reforms aimed at boosting Italy's sluggish economy. These include slashing red-tape, which continues to discourage foreign investments, analysts say.

This does not appear to concern Berlusconi. He has already indicated that his government's priority is to curb the power of 'subversive' leftist magistrates and prosecutors, whom he accuses of trying to usurp the mandate given to him by the Italian electorate.

Berlusconi has a long history of legal woes, most of them involving alleged corruption in connection with his media empire.

The latest case stems from his liaison with a Moroccan go-go dancer, Karima El Mahroug.

Prosecutors say Berlusconi allegedly paid El Mahroug, who uses the stage name Ruby Rubacuori (stealer of hearts), for sex. She was still 17 years old when the allegations first surfaced.

The 74-year-old premier also intervened to secure her release when she was held briefly by police on suspicion of theft.

He has repeatedly denied any wrongdoing, accusing Milan's magistrates and judges of plotting to oust him.

His first recourse could be to push through parliament legislation that would restrict investigators' use of wire-tapping, which he has branded a 'violation' of Italians' privacy rights.

If approved and applied retroactively, such legislation could be used to dismiss much of the evidence in the Ruby case - most of which consists of intercepted telephone conversations.

But analysts say the process to have the anti-eavesdropping law approved could be lengthy and risky, given the ruling conservatives' wafer-thin majority in parliament.

And Berlusconi would almost certainly not be able use it to avoid prosecution in his latest trial.

Alternatively, Berlusconi could turn to an existing law introduced by his government allowing cabinet members to avoid appearing in court if hearings interfere with their government duties.

Berlusconi, citing official trips abroad and international summits, has repeatedly made use of the provision over the past year, leading to the suspension of several corruption and tax fraud trials involving him and his Mediaset company.

However, Italy's Constitutional Court in January partially invalidated the measure, ruling that it is up to magistrates and not defence lawyers to decide when the so-called 'legitimate impediment' from court attendance can be applied.

The result of that ruling was the reactivation of a trial in which Berlusconi is accused of bribing his former tax lawyer, British national David Mills, to give false evidence in two trials in the 1990s.

The first hearing in that case is set for March 11, but legal experts say that a verdict may never be reached on statute of limitations grounds.

A similar scenario is unlikely the El Mahroug case, however, because of the fast-track nature of the trial, which reduces the number of hearings that have to take place before a verdict is issued.

Attempts by the premier and his aides to fill his dairy with official 'legitimate impediment' commitments would only amount to a temporary delaying-tactic, experts say.

Ultimately, while Berlusconi has vowed to see out his term in office until 2013, he could be tempted to seek a fresh mandate through the ballot box.

Opinion polls suggest that the Ruby scandal has slashed the premier's popularity among Italians.

Over 1 million people turned out at Sunday's countrywide protest against the premier's sexual antics. The conservative leader, who is divorced, has also drawn criticism form the influential Catholic Church.

However, with the opposition centre-left still divided between moderate neo-Christian Democrats and hard-line former communists, opinion polls suggest that his conservative coalition may well win a snap election.

A return to power could see Berlusconi repeat his claim that he has been acquitted of all wrongdoing by what he has often described as the country's top judge - the Italian people.

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