The Italian Jewish community has praised the country’s highest appeals court for ordering a retrial of former SS Capt. Erich Priebke for his role in the wartime Nazi massacre of 335 Romans.
The Court of Cassation this week nullified the controversial verdict in August that freed Priebke.
It also overturned a summer ruling made by a lesser appeals court, which had rejected a request by the prosecution and relatives of the massacre victims to dismiss the Priebke trial’s presiding judge because of his alleged bias in favor of Priebke.
Tullia Zevi, president of the Union of Italian Jewish Communities, called Tuesday’s ruling by the Court of Cassation “important and positive.”
On Aug. 1, a military court found Priebke guilty of having taken part in the 1944 massacre at the Ardeatine Caves south of Rome, but set him free because of mitigating circumstances and a statute of limitations.
Priebke has said in the past that he killed two of the victims.
About 75 of the massacre victims were Jews.
The verdict touched off a storm of protest. Priebke was rearrested eight hours later and jailed again pending a German request for extradition and expected appeals.
Priebke’s lawyer called the order for a retrial unjust.
Relatives of the victims who were in the courtroom burst into applause.
Agostino Quistelli, who headed the three-judge panel in the first trial, reportedly said that he had no regrets about how he handled the case.
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