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April 24, 2010

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Polanski's fate back in hands of Swiss

WITH his latest appeal rejected, Roman Polanski's fate once again lies in the hands of Swiss authorities.

A California appeals court on Thursday rejected Polanski's bid to have his case reviewed by a special counsel or to be sentenced in absentia.

The Swiss Justice Ministry had been waiting for the court's ruling before deciding whether to allow the Oscar-winning director to be returned to the United States for sentencing on his 33-year-old sex case.

But a Swiss official said yesterday the ministry wouldn't rush into a decision. If it ultimately approves extradition, Polanski could still lodge appeals in Switzerland that would delay his return to the US for months.

Polanski has been under house arrest for months at his chalet in the luxury resort of Gstaad as his attorneys repeatedly sought to win the director's freedom in Los Angeles courtrooms.

They have argued that Polanski shouldn't have to be present to be sentenced on one count of unlawful sexual intercourse. In their latest appeal, they argued that he should be sentenced to time served.

The recent appeal focused on newly obtained testimony from a former prosecutor who felt the original judge handling Polanski's case acted improperly. That testimony remains sealed.

The California 2nd District Court of Appeal dismissed Polanski's appeal without issuing an opinion. It also dismissed a petition by Polanski's victim, Samantha Geimer, to have the case dismissed.

The Swiss will only extradite Polanski to the US if he faces a sentence longer than six months. US prosecutors say Polanski faces up to two years in prison.

It remains unclear how quickly the Swiss will rule on Polanski's extradition, although Swiss Justice Ministry spokesman Folco Galli has said a decision usually comes within a year of a person's arrest. Polanski was arrested in late September.

"We first have to receive the official information from the United States, and then we will examine it," Galli said yesterday. "We can't make a decision based on media reports. We have to study the ruling. We must have some patience."

The director could still seek to end the case in California by appealing to the state Supreme Court. His attorneys have not indicated what their next step will be.

Polanski was accused in 1977 of plying Geimer, then aged 13, with champagne and part of a sedative pill, then raping her at Jack Nicholson's house.

Polanski pleaded guilty to unlawful sexual intercourse but fled the US on the eve of sentencing in 1978.



 

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