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Former Italian Prime Minister Silvio Berlusconi cleared of underage prostitution charges Former Italian Prime Minister Silvio Berlusconi cleared of underage prostitution charges
(about 3 hours later)
The former Italian Prime Minister Silvio Berlusconi has been acquitted in an underage prostitution case. Silvio Berlusconi won an astonishing reprieve today in the sex case that threatened to destroy him.
The decision by judges at a Milanese court reversed the seven-year prison sentence handed to him when he was convicted last year. Milan judges cleared the former Prime Minister of all charges in the Rubygate case, in which he was accused of paying for sex with an underage prostitute and abusing his office to conceal the crime.
At the time, the 77-year-old was found guilty of paying for sex with Karima el-Mahroug – a then 17-year-old prostitute better known as “Ruby the Heart stealer” – and using his political influence to conceal the alleged crime. The prosecution is almost certain to challenge the decision at the Supreme Court, but for now a definitive sentence, that would almost certainly see the 77-year-old go to jail, seems much further off.
During the case there were reports of raunchy "bunga-bunga" parties held at Mr Berlusconi's private villa, and attended by aspiring showgirls. According to some of the guests these were “elegant dinner parties”. The billionaire was accused of paying for sex with an erotic dancer, Moroccan-born Karima el-Mahroug, known as Ruby the Heart Stealer, in 2010 when she was 17 years old. Paying someone under 18 for sex is illegal in Italy.
Both he and el-Mahroug denied having sex at Mr Berlusconi’s villa. Despite him inviting the 17-year-old to sex parties and paying her huge amounts of money, the Milan appeals court decided Mr Berlusconi was not guilty of participating in underage prostitution because it had not been proved the tycoon knew she was under age.
Franco Coppi, Mr Berlusconi's defence lawyer, said the decision went “beyond the rosiest predictions.”
Karima El Mahroug, nicknamed "Ruby the Heart Stealer", pictured in 2013. (AFP)Karima El Mahroug, nicknamed "Ruby the Heart Stealer", pictured in 2013. (AFP)
He added that he would have been satisfied with an acquittal for lack of evidence. But the court ruled on Friday that no crimes had been committed. The mogul had appeared so terrified of Rubygate charges that this week he wrote an article covering two full pages in the Berlusconi family paper Il Giornale declaring his innocence. Under law changes that the former Prime Minister introduced in 2005, sex criminals cannot avoid custodial sentences. But the billionaire’s insistence he hosted “refined and elegant” dinners has contrasted tragi-comically with the avalanche of tawdry claims that emerged during the investigation; from strippers in nuns’ costumes fondling each other, to dental hygienists and bankrupt impresarios pimping on the mogul’s behalf.
The acquittal was announced as Mr Berlusconi left a facility for Alzheimer's patients, where he has been performing community service for a separate conviction on a tax fraud charge since May. That case is currently the only one finalised against Mr Berlusconi, who has faced dozens of trials, mostly for his business dealings. The three-time premier was also accused of abusing his powers in trying to conceal the sex crime. Prosecutors said he lied to the police – telling them Ms Mahroug was the granddaughter of the then Egyptian President Hosni Mubarak – to have her released from custody on the night of 27 May 2010, when she was held for suspected theft, before she could talk about the sex parties.
Upon hearing the news, Mr Berlusconi thrust his hand from a car window as he was driven away. A political supporter waiting at the gate grabbed his hand and shook it. The window then rolled up and the media mogul waved as he was driven away. Milan’s appeal court appears to have decided that since the original convictions in June last year, when Mr Berlusconi was sentenced to a total of seven years for both crimes, a crucial law change had been ratified but the Supreme Court. This says that abuse of office has not been committed without clear evidence that person in power has offered benefits to the person doing the favour.
Meanwhile on Twitter, one of Mr Berlusconi's supporters, lawmaker Renato Brunetta, hailed ''Berlusconi innocent!!!“ on Twitter – one of many political backers to laud the acquittal. But even the mogul’s legal team was taken aback by the decision. “The verdict goes beyond our rosiest predictions,” said Franco Coppi, one of the defence lawyers.
While the court does not have to publicly explain its reason for clearing the veteran politician for another 90 days, Mr Coppi said he believes it may have been based on Mr Berlusconi's testimony that he believed el-Mahroug was over 18. Mr Berlusconi has always denied wrongdoing, claiming he is the victim of left-wing prosecutors and judges. But shortly after today’s verdict he declared: “Respect to the magistrature, which today confirmed what I’ve always thought, that is, the great majority of Italian magistrates do their work silently, fairly and admirably.”
However, the case has the potential to continue, as prosecutors can challenge Friday's acquittal in the Court of Cassation - Italy's highest criminal court. Following the decision, Berlusconi grinned as he left the hospice near Milan where he is serving nine months for tax fraud. Observers told The Independent of their surprise at the verdict. Renzo Orlandi, a criminal law expert at Bologna University, said: “It’s strange, also because the accused was cleared due to ‘non-existence of the act’. We’ll understand better when we learn the reasoning behind the judgment.” Piero Colaprico, the journalist from La Repubblica who broke the Rubygate story, described today’s verdict as “remarkable”. The prosecution is almost certain to challenge the verdict.
In a separate trial in Naples, the billionaire media tycoon, who was in power three times in Italy, is accused of political corruption. He is also under investigation in Milan for allegedly tampering with the witnesses in the prostitution trial, and in a related case involving three aides who were convicted of procuring prostitutes for his parties.
As head of the Forza Italia party, Mr Berlusconi retains his influence on the Italian political scene, despite the tax fraud conviction's ban on holding political office for two years that led the Senate to revoke his seat.
Additional reporting by AP