The Italian Supreme Court has ordered a re-trial be held of the appeals trial against former newsreader Emilio Fede and ex regional politician Nicole Minetti on their convictions of facilitating prostitution for former premier Silvio Berlusconi, judicial officials said Wednesday.
The Court of Cassation Tuesday night made the surprise
ruling, read by presiding Judge Claudia Squassoni, that the
appeal under way by the Milan prosecutor's office was
"inadmissible," accepting a submission by the defendants'
defense lawyers.
The decision came after a prosecutor told the court that
Fede knew that nightclub dancer Karima El Mahroug was under 18
when she attended parties at Silvio Berlusconi's Milan villa and
should therefore be convicted for facilitating underage
prostitution and his sentence should be increased.
Fede's sentence had been reduced on appeal to four years
and 10 months from an original seven years as the underage
prostitution charge was dropped. But prosecutor Ciro Angelillis
said an appeal by Milan prosecutors against a 2014 decision to
exclude Fede from underage prostitution charges should be
accepted.
"The appeal sentence affirms that Fede was the master of
organising evenings at Arcore villa, he decided when a girl was
too aggressive and had to leave, it was he who decided when to
let a girl into Berlusconi's presence," Angelillis said, adding
that it was "illogical" to think Fede did not know El Mahroug's
age.
He said Fede's sentence should therefore be increased.
An original five-year sentence against Minetti should also
be confirmed, Angelillis said. Minetti's sentence was reduced on
appeal to three years. The case centred on former nightclub
dancer El Mahroug, also known as "Ruby the Heartstealer", who
attended the parties as a teenager.
However the Cassation judges Tuesday ordered a retrial.
Fede's defense lawyer Maurizio Paniz told the court "there
is no proof at all, not even in the telephone taps of the
'Olgetinne,' that implicates Fede in the charge of aiding and
abetting -- he and Mora headhunted the girls for the Arcore
dinners, and Fede only invited them".
"The invitation to take part in a dinner can't be
considered aiding and abetting (prostitution)".
The judges motives for ordering the re-trial will only be
published in 30 days' time.
Paniz in his summing up had asked for clemency for Fede on
the grounds that "he is 84-years-old and has no criminal
record".
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