Angelino Alfano, the Italian Minister of Justice, yesterday Thursday said he had refused a request by the public prosecutor in Rome for permission to charge the comedienne and satirist Sabina Guzzanti with insulting Pope Benedict XVI.

Ms Guzzanti had said during a left wing rally in Rome in July that because of the Church's stand on homosexuality the Pope would go to Hell, where he would be tormented by "very active poofter devils".

Under the 1929 Lateran Treaty between Italy and the Vatican, an offence to the pontiff carries the same weight as an offence to the Italian head of state, with a penalty of up to five years in prison. However prosecution requires the go ahead from the Justice Ministry.

Mr Alfano said he had decided not to proceed with a prosecution "knowing the depth of the Pope's capacity for forgiveness". Speaking at the Catholic University in Milan the minister said that as a Roman Catholic himself he had been "saddened and shamed" by Ms Guzzanti's remarks. However she had accepted full responsibility for them, and he saw "no point in adding further fire to the flames".