10 March 2006 - PA: The lengthy legal process started by Italian prosecutors against the husband of Culture Secretary Tessa Jowell and Premier Silvio Berlusconi will ultimately fail, according to a Rome-based lawyer. High-profile Giovanni di Stefano believes the case against British lawyer David Mills and the multi-millionaire politician will run out of time under Italian law in 2008.
Prosecutors today confirmed they had requested Berlusconi and Mills be indicted on corruption charges, but Mr di Stefano said: "Under Italian law, this is a case that will go into prescrizione under the new laws Berlusconi passed. They have until 2008 to complete the process.
"This is a case that is going nowhere, even if they are guilty as hell - which I don't believe them to be. They can never finish this process by 2008. It is impossible."
And he explained the process which the case could potentially follow: "This now goes for a judge to review whether there is a case to answer and it should go for trial and that will take up to six months.
"You then have to fix an udienze for trial in the first degree, and that can take up to a year.
"Either side can then technically appeal, and you can go to the Court of Appeal for that, and that can take a year.
"The Court of Appeal can send it back to the lower courts or uphold the decision, and they then go to the Supreme Court of Cassazione, the equivalent of the House of Lords."
Mr di Stefano said both Mills and Berlusconi were personal friends, and he asked why the prosecutor - whom, he said, knew about the case in 2004 - had chosen to send the charges to the judge the month before Italian elections.
"These are politically-motivated prosecutions. David Mills is a very, very correct and proper person, and this has been out in the open since 2004.
"He is a good corporate lawyer and he is not a dishonest man, and I sincerely hope him and Tessa get back together. That man has been put to the cross basically for political motives."
By Jennifer Sym
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