Friends defend Jonathan Ross

Not a squeak has been heard out of Jonathan Ross (pictured) since he was suspended by the BBC for his part in the "Manuelgate" affair. However, in yesterday's Independent on Sunday friends of Ross came to his defence, claiming that he warned the producers of Russell Brand's radio show that the lewd comments left on Fawlty Towers actor Andrew Sachs answering phone should not be broadcast.

His defenders insist that Ross knew within minutes that the call had gone too far, and claim he said to the producers: "I expect you'll be editing that out." Ross, they say, told them that they should check with Sachs – the show was pre-recorded – to see if he was happy with the material they intended airing. Sachs himself has confirmed that he was phoned by somebody at the BBC who asked if the messages left on his voicemail could be broadcast. Athough he did object, the BBC overruled his and Ross's concerns and went ahead.

"This is not Ross's fault," a friend said. "There is a golden rule across the industry that producers are supposed to protect talent, especially guests on other people's shows who might get roped into something. If you are a producer, then it's your responsibility. Guests are not responsible. Ross's treatment is grossly unfair. It's not his fault."

If this account is accurate, and this is currently being investigated by a BBC internal enquiry, Ross would have a very strong legal case against the BBC for negligence. It could also pave the way for a claim for loss of earnings - Ross's three month suspension is believed to be costing him £1.8m.

Meanwhile, the BBC made a mess of their apology to Sachs at the weekend. After broadcasting a version that had not been agreed with the actor, they received a call from an angry Sachs demanding that they also mention the hurt caused to his wife and daughter by the phone calls.