MILAN (AP) - the Italian Parliament challenged the jurisdiction of a court in Milan trying to Prime Minister Silvio Berlusconi on charges he paid for sex with a prostitute Moroccan minor and then used his Office to try to camouflage it.
The trial opens Wednesday Berlusconi in Milan before an ordinary court. But lawyers and political allies of the Prime Minister say that Berlusconi should be tried by the Tribunal of Ministers, which deals with offences committed by public officials in the performance of their duties.
The lower House of Parliament, which is controlled by the conservative Berlusconi allies, voted Tuesday to ask the Constitutional Court of the Italy to the rule on who should try to Berlusconi.
Tuesday vote will not prevent the trial opening as planned.
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Aspiring Italian starlets and Oscar actor George Clooney are being called on to make appearances in the trial of Prime Minister Silvio Berlusconi he paid for sex with a prostitute minor, then tried to use his influence to cover up it.
Unlike Berlusconi, other tests that opens Wednesday puts the life of the Prime Minister under surveillance and conviction could end his political career. The crews of TV everywhere in the world will be on hand for the opening session - even if Berlusconi himself is absent.
"This time is not on the offshore accounts, secrets and the paradise tax, but sex, money and power," the Turin-all days La Stampa wrote this week.
Berlusconi is ignored session on Wednesday, citing previous commitments to attend ceremonies marking the second anniversary of the earthquake that killed more than 300 people in Central Italy.
Even without his presence, the interest of the media is feverish, and the Milan court oversee the trial opening session - reserved mainly for formalities as defining of the future dates of trial - in an auditorium, usually used for ceremonies to accommodate the media.
Outside, supporters of Berlusconi are are committed to maintaining a watch on an island in traffic from the courthouse where dozens were gathered for these recent court hearings in other three Berlusconi case pendingall involving corruption and fraud allegations.
Prosecutors allege that Berlusconi paid a 17 year old Moroccan daughter known by his nickname of Ruby for sex in his villa then personally that called his release, police when she was arrested for theft for fear that she would reveal their relationship.
74-Year-old Prime Minister and the Ruby, whose real name is Karima el-Mahroug, have each separately denied having sexual relations.
The charge of the prostitution of minors carries a possible term of imprisonment of six months to three years. The burden of power abuse is even more dangerous: it carries a penalty of four to twelve years, and if Berlusconi is sentenced to more than five, he would never be prohibited holding public office.
Legal experts and oddsmakers alike agree that the case will be difficult to prove.
Professor of law of Bologna that Carlo Guarnieri, says that the convictions would require evidence more strong than it has been reported in the newspapers, composed primarily of wiretapping to be held in villa outside Milan Berlusconi Ruby, and evidence of a multitude of potential starlets who participated the noisy parties.
The case of abuse power, prosecutors must prove that there was an implication of threat of retaliation, he said.
"It is a matter that is difficult to maintain in the Court." "It is very likely that all these people involved tell very different versions," said Guarnieri.
Absolute proof would something like a video cassette, said Guarnieri. So far, no such report was resurfaced.
Prosecutors allege that Berlusconi paid for sex 13 times with Ruby, who had since fact 18, in the parties that started with dinner and then generated dance seminude after which Berlusconi would choose a sexual partner.
A new survey out Tuesday, shows the popularity of Berlusconi in decline. The Prime Minister likes just approval of 33 per cent, compared to 50 percent compared to about 36% in January and 41% in September, after the scandal and last May.
The survey by the Agency ISPO for Corriere della Sera of 1,868 Italian March 30-31, has a margin of error of 3.5 per cent. The pollster Renato Mannheimer wrote that the erosion of public opinion cannot be pinned on an event, but on various factors.
Berlusconi's leadership was challenged from its partners in the fractious coalition, the Northern League. Italy has also failed to win concrete support from its European partners to combat the influx of migrants fleeing from political instability in North Africa.
With the popularity of landslide, Berlusconi said he intends to attend to this and the other judgments of the Court against him in Milan.The Prime Minister show last week during an unexpected preliminary hearing in a tax fraud casehis first appearance before the Court in more than eight years. Images only broadcast the hearing showed a smiling Prime Minister greeting a hundred supporters who have set up camp outside the courthouse.
Ruby itself is called to testify for the defence and prosecution.
Clooney was named on the list of witnesses for the defence because Ruby has said that she had seen the star of Hollywood to any of the parties of Berlusconi. the actor said that he had met Mr. Berlusconi only once to obtain aid for Darfur. It will be up to the Panel of three judges, all women, whether if the testimony would be relevant.
While his legal team works on their defence, they are also trying to get the trial left the Milan court, which maintains Berlusconi is politically slanted against him.
Parliament should vote on the motion Tuesday, leaving the Constitutional Court to decide whether the jurisdiction should be transferred to the Tribunal of Ministers, which deals with offences committed by public officials in the performance of their duties.
The Court has no legal obligation to suspend the trial pending a decision, but he might decide to do to show respect for the superior court, said Guarnieri.
Copyright ? 2011 the Associated Press. All rights reserved.
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