On Tuesday, May 1, Bronx Supreme Court Justice Douglas McKeon decided that the civil trial involving Nafissatou Diallo and Dominique Strauss-Khan can proceed.
Almost a month ago, when the first hearing was held at the Bronx Supreme Court, Strauss-Khan’s attorneys were claiming that he had diplomatic immunity and asked for the case to be dismissed.
When Diallo accused him of sexual assault in the Sofitel hotel, where she used to work, DSK–as he is known–was director of the International Monetary Fund. As the news of the accusation continued to make international headlines, Strauss-Khan was forced to resign.
Basing their argument on a 1947 U.N. convention that gives the diplomatic immunity to international leaders, the defense attorneys claimed that Strauss-Khan should not be subjected to a trial because of his former position.
However, McKeon decided that this convention won’t be applied to Strauss-Khan and that this case requires further investigations.
Pointing out that Strauss-Khan did not use the immunity plea during the criminal proceedings last year because he wanted to clear his name, McKeon wrote in the court communique: “Mr. Strauss-Kahn cannot eschew immunity in an effort to clear his name only to embrace it now in an effort to deny Ms. Diallo the opportunity to clear hers.”
Diallo’s attorneys Kenneth P. Thompson and Douglas H. Wigdor are happy with the decision and said in a public statement: “We have said all along that Strauss-Kahn’s desperate plea for immunity was a tactic designed to delay these proceedings, and we now look forward to holding him accountable for the brutal sexual assault that he committed.”
While the civil trial can now proceed, in France, Strauss-Khan has to go through another court proceeding, as he is charged with involvement in a prostitution ring at the Carlton Hotel.
