Berlusconi immunity questioned

Milan judges decided today to seek guidance from Italy's top court over a new law that would give legal immunity to Prime Minister Silvio Berlusconi, dealing a blow to his plans to dismiss a corruption case.

Berlusconi is charged in Milan with paying British lawyer David Mills $600,000 in 1997 from alleged "secret funds" held by Mediaset SpA, Italy's biggest private broadcaster controlled by Berlusconi's family, to withhold incriminating details of his business dealings.

Both men deny any wrongdoing.

Today, a Milan judge decided to ask Italy's constitutional court to rule on whether the immunity law -- which would have led to the suspension of the trial while Berlusconi is in office -- was constitutional, Berlusconi's lawyer Niccolo Ghedini said, confirming media reports.

"Milan (prosecutors) have constantly refused to apply the norms which were voted by parliament. So we are not surprised by the decision to pass the case to the constitutional court," Ghedini told Reuters.

Prosecutors at the trial had argued the "Alfano law", which suspends criminal cases against the prime minister, president and heads of both chambers of parliament while they are in office, was unconstitutional.

"I am convinced that the constitutional court will consider the Alfano law absolutely constitutional, so I am waiting for its ruling without any worries," Ghedini said.

Berlusconi, who says politically motivated prosecutors have pursued him since he entered politics 14 years ago, pushed the law through parliament, making it one of his first priorities after taking office in May.

Last week, Milan judges asked to look into Berlusconi's immunity in a fraud trial over television rights involving Mediaset.

Today, the judges decided that the trial against Mills would go ahead.