Jowell's Husband Criticised for Absence From Court Hearing

An Italian judge yesterday fiercely criticized David Mills, the husband of the Olympics minister, Tessa Jowell, for his refusal to be questioned in court about whether he took a £305,000 bribe from Silvio Berlusconi.

Judge Nicoletta Gandus ruled that in the British lawyer's absence the court should accept as evidence a confession he signed in 2004. Until yesterday it did not form part of the case against him since he later retracted it.

The prosecution claims Mills, once the former prime minister's legal adviser, was rewarded for withholding evidence damaging to Berlusconi when he appeared as a witness at two trials in the 1990s. Both men deny the charges.

Under Italian law, defendants are not obliged to attend their trials, which can last for many years. But Gandus cited rulings to show they were expected to turn up on the days when they were specifically asked to do so. Gandus said the British solicitor's absence was "unjustified". There was "no legitimate impediment" to his coming.

She dismissed an offer by Mills to give evidence by video link. "He has to present himself to the court on the set date, not when it is most convenient to him," she said. Gandus then ordered that a signed statement he gave to prosecutors in July 2004 be taken into evidence. This included Mills' endorsement of the contents of a letter he wrote to his accountants. In the letter, he said he had received the money from a Berlusconi executive for having "turned some very tricky corners, to put it mildly", in his evidence to the Italian courts.

In a statement read to the court, Mills said he had decided not to come because of the publicity surrounding the case, especially when Italy faces a general election in which Berlusconi is hoping to return to power. "The clamor of the inquiry [sic], linked of course to the notoriety of the other individual involved, which is even greater in view of current political events in Italy, prompts me not to appear before the Milan court," the statement said. Mills added that his decision "ought not to be seen, however, as a desire to avoid my pending appointment".

Berlusconi's lawyer described Mills' testimony as "absolutely indispensable". The prosecutor, Fabio Di Pasquale, told the court that the British lawyer's request was "objectively baseless". He had been given "an opportunity to defend himself" and, having turned it down, the judge should not hesitate to accept as evidence his earlier confession.

Because of a law introduced when Berlusconi was prime minister, it was initially believed the trial would run out of time. But as a result of an earlier decision by the judge, the court has until 2010 to reach a verdict. The two men risk jail sentences of up to eight years if convicted.

Italians are due to vote on April 13-14. Polls currently give Berlusconi a big lead.