Defence suffers setback in CIA abduction hearing

Feb 6, 2007, 13:50 GMT

Milan - A judge in Milan on Tuesday rejected a series of requests from defence lawyers representing Italian and CIA spies during a preliminary hearing that saw prosecutors demand indictments over the alleged abduction of an Egyptian terror suspect.

During the closed-door session, judge Caterina Interlandi ruled that Prime Minister Romano Prodi and his predecessor, Silvio Berlusconi, would not be called to testify in court, as had been requested by Italy's former intelligence chief, Nicolo Pollari.

Pollari is one of 35 defendants, including 26 US agents, accused of kidnapping Hassan Mustafa Osama Nasr, an imam who is also known by the name of Abu Omar, from the streets of Milan, in 2003.

The alleged kidnapping is believed to have been a CIA 'extraordinary rendition' operation, one of the most controversial aspects of US President George W Bush's global 'war on terror.'

Abu Omar was secretly flown to Egypt, where he says he was tortured and beaten during questioning. Abu Omar is still believed to be held in a cell in Cairo, where he is yet to be charged.

During Tuesday's hearing, the judge also objected to Pollari's request for the case to be referred to Italy's Constitutional Court, which would be called to decide whether he can be brought to trial.

Pollari insists he cannot be indicted as he would not be able to defend himself in court without disclosing sensitive state secrets.

Addressing the judge Tuesday, Milan prosecutor Ferdinando Pomarici reiterated his request for the 35 suspects to be charged, saying Pollari's agency had 'explicitly authorized' the abduction.

The hearing was set to continue later this month.