US soldier's trial over Calipari

| Tue, 05/15/2007 - 06:02

The trial of a United States soldier accused of murdering an Italian secret agent in a 'friendly fire' incident in Iraq in 2005 was adjourned again on Monday.

The trial in absentia of Mario Luis Lozano was adjourned until July 10 due to a delay in diplomatic communications with the US Department of Defense, which has not been given sufficient time to appoint a trial representative.

Italian Military Intelligence Service (SISMI) officer Nicola Calipari was shot and killed by US forces at a checkpoint on March 4, 2005 as he was accompanying a released Italian hostage to Baghdad airport.

Calipari died shielding journalist Giuliana Sgrena, who was slightly wounded. He became a national hero.

Lozano is charged with murder and two counts of attempted murder.

The trial opened on April 17 but was immediately adjourned until May 14.

Lozano, who was manning the checkpoint, denies the charges, saying he respected the rules of engagement.

Earlier this month, the soldier produced video footage that he himself filmed using his mobile phone minutes after the friendly fire incident.

It shows the car near the checkpoint with its headlights on and one door open. A dark patch on the ground next to the door could be the body of Calipari. Soldiers are heard communicating with superiors, saying "We have a killed in action".

The grainy video is being examined by Italian prosecutors and is expected to be used as evidence by defence lawyers.

Lozano and his lawyer claim the video, by showing the position of the car carrying Calipari and two others, confirmed his contention that he had fired in self defence, in accordance with rules of engagement.

"The images leave no room for doubt. The car was very close to the checkpoint when I fired a dozen shots at most. Not to kill but to defend myself," Lozano said in an interview with Italian daily Corriere della Sera.

JOINT ENQUIRY FAILED.

There was an unprecedented joint enquiry by US and Italian investigators into the incident but it failed to reach an agreed conclusion.

The American members cleared the soldiers of all responsibility and the Italians blamed the US's organisation of the checkpoint.

According to the American investigation, the car was travelling at high speed, about 80km/h, and the driver panicked, failing to stop or slow down when soldiers flashed a spotlight and fired warning shots.

But the Italian version said the car was not travelling fast and did in fact slow down but that almost immediately after a spotlight was shone the bullets began hailing down.

Ballistic evidence gathered from the car by Italian experts indicated that only one weapon had been used but that it had fired three separate rounds of machine gun fire.

This, along with testimony from the other people in the car, led Rome investigators to conclude that the person firing the gun - perhaps in panic - was shooting to kill.

The Calipari-Lozano case has strained relations with the US because Italians say Washington refused to fully cooperate with the Italian probe.

When the trial opened, Italian Foreign Minister Massimo D'Alema said he was speaking "for all Italian citizens" in hoping that the trial would establish who was responsible for Calipari's death.

Asked if the trial would affect relations with the US, he said "the Americans have a different point of view and consider the episode closed" while Italy was happy that the Italian judiciary had been able to "investigate freely".

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