(25 Oct 2007)
1. Wide of exterior of Italian Crown Court
2. Courthouse entrance
3. Wide of interior of courtroom
4. Lawyers talking
5. Cutaway of trial documents on table
6. Italian journalist Giuliana Sgrena, kidnapped in Iraq and wounded during her release operation in which Italian intelligence agent Nicola Calipari was killed
7. Wide of judges and jury entering
8. Lawyers, prosecutors and audience standing
9. SOUNDBITE: (Italian) Angelo Gargani, court president:
"In the name of the Italian people, the third Crown Court of Rome, according to the article 20 of the Criminal Procedure Code declares its decision not to proceed against Mario Lozano for the crime he was accused of due to lack of jurisdiction. Deadline for registry 60 days. The Court is dismissed."
10. Wide of judges and jury leaving the room
11. SOUNDBITE: (English) Alberto Biffani, attorney of US Army specialist Mario Lozano:
"I'm very satisfied because the court granted our request of lack of jurisdiction, so it recognised that, in fact, Mr. Lozano could not be charged with homicide."
12. Cutaway file folder
13. SOUNDBITE: (Italian) Franco Coppi, Rosa Calipari's (wife of deceased Calipari) attorney:
"If this is a right decision we cannot talk about a defeat of the judicial system. However, I don't think this is a rightful decision."
14. Sgrena being interviewed by journalists
15. SOUNDBITE: (Italian) Giuliana Sgrena, journalist:
"I find this decision incredible; America's arrogance, which never wanted this trial and questioned our jurisdiction. And Italy, once again, gives up on exercising its sovereignty, and so we renounce to look for the truth on what happened to Nicola Calipari. I think this is incredible."
16. Wide of interior of courtroom
STORYLINE:
An Italian court on Thursday threw out the case against a United States (US) soldier charged in the 2005 killing of an Italian intelligence agent in Iraq - a man hailed as a hero whose death had angered Italians and soured relations with Washington.
In its ruling, the court granted the defence's argument that Italy had no jurisdiction in the case against US Army specialist Mario Lozano, who was on trial in absentia on charges of murder and attempted murder.
Prosecutor Pietro Saviotti said he would decide whether to appeal the ruling after the judges make public their reasoning within 60 days.
Lozano was on trial for the March 4, 2005, death of Nicola Calipari, who was shot at a checkpoint near Baghdad airport shortly after securing the release of the kidnapped Italian reporter Giuliana Sgrena.
Sgrena and another agent who was driving the car were wounded during the firing.
"I find this decision incredible; America's arrogance, which never wanted this trial and questioned our jurisdiction. And Italy, once again, gives up on exercising its sovereignty, and so we renounce to look for the truth on what happened to Nicola Calipari. I think this is incredible," Sgrena told reporters after the ruling.
"If this is a right decision we cannot talk about a defeat of the judicial system. However, I don't think this is a rightful decision," said attorney Franco Coppi, representing Rosa Calipari, wife of the deceased agent.
Lozano, 38, has always denied wrongdoing, saying he had no choice but to fire at the car.
His defence lawyers had argued that Italy had no jurisdiction because members of multinational forces operating in Iraq are under the exclusive jurisdiction of the country that sent them.
The case has strained US-Italian relations, and the two countries drew different conclusions in reports on the incident.
The trial had opened in April.
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