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Dominique Strauss-Kahn claims immunity in US civil case

Dominique Strauss-Kahn has claimed diplomatic immunity as he sought the dismissal of a US civil case, accusing a hotel maid of inventing sexual assault claims that derailed his efforts to right the global economy.

"As managing director, which is the chief executive position at the IMF, Mr Strauss-Kahn enjoyed absolute immunity from civil suit," said a motion filed by his lawyers at a court in the Bronx in New York.

Criminal charges against Mr Strauss-Kahn were dropped in August when prosecutors lost faith in the credibility of hotel maid Nafissatou Diallo, but she is pursuing her civil case against the one-time French presidential hopeful.

Mr Strauss-Kahn did not claim immunity in the criminal case as the alleged incident happened while he was staying in New York in a personal capacity, but his lawyers appear to think the same does not apply in the civil courts.

The motion to dismiss said it made no difference that when Diallo filed her civil case on August 8 Strauss-Kahn was no longer head of the IMF.

"Mr Strauss-Kahn enjoyed absolute immunity under customary international law not only while he was head of the IMF, but also for the period of time after he had resigned from his post and was ordered to remain in the United States in his criminal matter.

"That is because, under applicable and controlling international law, Mr. Strauss-Kahn's absolute immunity persisted until he was able to leave the United States," the motion said.

The filing also attacked Miss Diallo for imperiling the efforts of the International Monetary Fund, with Mr Strauss-Kahn at the helm, to right the world economy at a crucial time after the financial crisis.

Mr Strauss-Kahn was forced to resign as managing director of IMF when he was arrested in May and charged with the sexual assault and attempted rape of Diallo in his suite at the Sofitel hotel in Manhattan.

The French economist walked free late last month when a criminal court judge dismissed the charges against him after prosecutors said they could not pursue the case because of her repeated lying.

DNA evidence indicated that a sexual encounter did occur between the two, but Mr Strauss-Kahn's defence team insists that it was consensual.

Miss Diallo, a 32-year-old Guinean immigrant, maintains her allegations and filed the civil suit against Strauss-Kahn, seeking unspecified damages for what she called a "sadistic" attack.

Mr Strauss-Kahn still faces investigation in France over a separate claim by a young French author, Tristane Banon, that he tried to rape her in 2003.

The Socialist politician has denied any wrongdoing and lodged a countersuit for defamation.

(Published by The Telegraph - September 27, 2011)

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