Polanski fearful of returning to US

Roman Polanski's long-running battle to have his 32-year-old charge of sexual misconduct with an underage girl struck off is proving a little problematic. The Polish-born, Oscar-winning film director (pictured), who fled the US in 1977 on the eve of being sentenced for the statutory rape of a 13-year-old girl, had hoped that a ruling on the matter could be made without him attending court.

However, on Tuesday, the Los Angeles District Attorney's office argued that the director, as a fugitive from justice, is not entitled to have his motion for dismissal heard until he surrenders to the court.

As reported here, Polanski, whose films include Chinatown and Rosemary's Baby, is seeking the dismissal of the charge on the basis that the case against him at the time was flawed due to "a pattern of misconduct and improper communications" between the district attorney's office and the late superior court judge, Laurence Rittenband.

This is not disputed by the District Attorney's office, but they are insisting that the 75-year-old director must appear personally for his case to be heard. Polanski, who lives in Paris, is understandably reluctant to do this as the warrant issued at the time of his arrest remains in force, meaning he could, at least theoretically, be arrested and sent to jail.

Polanski's attorney, Chad Hummel, suggested that the DA's office is insisting on the director's appearance as a tactic "to avoid scrutiny of all the misdeeds by focusing on the single issue of whether or not Mr Polanski needs to be present for a court hearing". A decision will have to be made by January 21, when the case is due to be heard.

The new facts about the case came to light in a documentary about the case, Roman Polanski: Wanted and Desired. The film revealed that a former prosecutor named David Wells admitted advising Judge Rittenband to send Polanski to prison for a psychiatric review.

Wells, who was not involved in the trial, is also said to have attempted to influence the judge before sentencing, apparently seeking to reinforce the idea that Polanski had a taste for young girls by showing the judge a photograph taken of Polanski with two young girls in Germany, saying: "Look here. He's flipping you off."