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Last Updated: Saturday, 29 January, 2005, 09:52 GMT
Judge allows Jackson film showing
Michael Jackson
Mr Jackson said he was "betrayed" by Bashir over the film
Martin Bashir's documentary Living With Michael Jackson will be shown to jurors at the singer's child abuse trial, the judge has ruled.

The controversial programme contains footage of singer Jackson defending his practice of letting young boys sleep in the same room as him at his ranch.

The defence opposed the move, saying the British journalist's show was heavily edited and unreliable evidence.

Mr Jackson, 46, has denied 10 counts of child molestation and conspiracy.

In another ruling at the last pre-trial hearing before jury selection begins next week, Judge Rodney Melville said material described as erotic and including some images of nude children could be shown.

Defence lawyers argued that the prosecution had not established that the items belonged to Mr Jackson, as around 70 staff at the residence had access to the areas where they were found.

But in a victory for the defence, Judge Melville ruled that Mr Jackson's accuser and his brother would have to testify in open court despite prosecution protests that this would traumatise them.

'Inflammatory'

The judge said a version of Mr Bashir's programme aired on British TV would be shown, rather than a longer documentary shown in the US containing commentary by journalists.

Martin Bashir
Martin Bashir has asked not to give evidence at the trial

Prosecutors had called the US version "a public relations catastrophe" and said jurors could not understand the impact it had had on the singer without them seeing it in its entirety.

Judge Melville also refused to excuse Mr Bashir from standing as a witness in the trial.

But the journalist, now a correspondent for US television network ABC, could still refuse to answer questions if he takes the witness stand.

Mr Bashir's lawyer Theodore Boutros Jr said that he was protected by the First Amendment and California's state laws.

The defence argued that the programme constituted inadmissible hearsay and contained highly inflammatory material.

The film was the UK's biggest TV export of 2003, sold to 120 countries.

At the time it sparked outrage from the singer, who said he was "utterly betrayed" and "unfairly treated" by Bashir.





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