The judge found the Councilmen's "reliance on the doctrine of absolute legislative immunity" to be "misplaced."
He has not been accused of complicity and has legislative immunity.
It is possible to argue that the double provincial and local charges intended to offer legislative immunity as a protection to the municipal autonomy.
And earlier this month, the supreme court stripped General Pinochet of his legislative immunity, providing the first real chance that he could stand trial.
Both were taken into custody but only his girlfriend was arrested because Bundgaard stated he had legislative immunity from arrest while legislature is in session.
Donald Dotson, Beverly's senior vice president for labor and employment, said the company would appeal, maintaining that legislative immunity should not apply in this case.
The representative, however, claims she never invoked legislative immunity; a claim which was substantiated by a House ethics committee.
He wrote that book while in Parliament, but the Government decided it wasn't protected by legislative immunity.
Early that year, he stepped down as army chief and became a senator for life, a move that granted him legislative immunity from prosecution.
The legal defense, called legislative immunity, dates to 17th-century England and was written to prevent political arrests that would block lawmakers from voting.