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Celebrities and Juries

Document Cited in Related
Vincent
Published date01 October 2005
DOI10.1350/jcla.2005.69.5.365
AuthorJames Morton
Date01 October 2005
Subject MatterOpinion
JCL 69(5).doc..Opinion .. Page365 OPINION
Celebrities and Juries
James Morton
Cases involving celebrities are always of interest. Sometimes it must
seem to the layman that the ordinary rules of law and evidence do not
apply when a celebrity is suing for libel or is the defendant in a criminal
trial. Juries and even judges have tended to roll over on their backs and,
by allowing their tummies to be scratched by the celebrity witness, get
things completely wrong. The flamboyant piano entertainer Wladziu
Valentino Liberace was a good case in point. In the days when it was
considered a libel to call someone homosexual the acerbic Daily Mirror
critic William Connor, writing as Cassandra, did just about that. The
1959 case resulted in a triumph for the pianist with members of the jury
queuing to shake Liberace’s hand. And his case is only one of many.
Now, at the beginning of July 2005, the celebrated film director,
Roman Polanski, began a trial for libel in Britain over an article in a
magazine with a relatively small circulation here. He has been living in
Paris for some time now and, it might be thought, would have caught
the ferry or taken Eurostar to Waterloo for a stroll across the bridge to
the Law Courts. Wrong. Mr Polanski gave his evidence from France by
satellite link. And why is this? The answer is that he is wanted on a long
outstanding charge of rape in the USA and giving evidence from France
enabled him to avoid arrest and possible extradition to the USA. To rule
otherwise, said the House of Lords by a majority, would deprive him of
his rights. Pace their Lordships, there seems to be something really
unpalatable about this man being allowed to give evidence by satellite.
Many might think that by deliberately avoiding the due process of the
law he has forfeited his rights. Let us take things a stage further. Suppose
a man absconds his bail and several years later decides to bring an action
against an English newspaper which labels him a criminal. Is the claim-
ant to be allowed to give evidence...

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