Judge says prosecution's submission that ex-Italian PM was trying to 'delay or derail' proceedings has 'considerable force'
Silvio Berlusconi has failed in a legal bid to stop the estranged husband of Olympics minister Tessa Jowell from giving evidence to his corruption trial.
Italy's former prime minister had applied for an interim injunction at the high court preventing David Mills, his former tax lawyer, from appearing via video link from a London court.
Berlusconi's legal team have launched a judicial review to block the evidence being heard and had hoped to be granted the application ahead of a decision.
But Mr Justice Bean, sitting in private in London, turned down the application after giving weight to Italian prosecutors' argument that Berlusconi was trying to "delay or derail" proceedings.
Mills is now due to testify at Westminster magistrates court on Monday.
He split with former Labour cabinet minister Tessa Jowell in 2006 after it emerged that, unknown to her, he had paid off part of their mortgage with £350,000 at the centre of the corruption allegations allegedly given as a gift by Berlusconi to Mills.
The lawyer, 64, had set up a web of offshore companies and trusts for the then Italian prime minister. They were both indicted on corruption charges by the Milan district court. Mills was convicted in his absence in February 2009.
He said at the time: "I am innocent, but this is a highly political case."
Mills was acquitted a year later by the Italian supreme court under Italy's statute of limitations. Berlusconi is due to stand trial on bribery allegations involving Mills after a temporary immunity law was lifted. He has denied the charges and countered that the proceedings are politically motivated. The injunction request was made against the UK central authority for mutual legal assistance (UKCA) which is responsible for processing requests to and from other countries for evidence in criminal investigations.
The Milan district court made a request to UKCA on 11 April to call a number of witnesses living in the UK, including Mills, to give evidence at the trial.
Mills was summoned to appear before senior district judge Howard Riddle at Westminster magistrates court on 28 October and a TV link was set up with Milan. But Berlusconi obtained an adjournment, saying he had to tackle the euro crisis. He subsequently stepped down as prime minister on 12 November.
His solicitors, DLA Piper, had requested for Monday's hearing to be postponed until after the conclusion of judicial review proceedings which could take weeks or months.
Mr Justice Bean said the Italian prosecution had sent a note accusing Berlusconi of attempting to "delay or derail proceedings which have already been subject to tactical litigation of the most sophisticated form". The judge said: "On the material before me there would appear to be considerable force in that submission."
Berlusconi's lawyers have applied for a British judicial review to stop Mills from testifying, but no decision has yet been reached.