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Last Updated: Tuesday, 18 October 2005, 17:14 GMT 18:14 UK
Photographer wins Kidman appeal
Nicole Kidman
Nicole Kidman has already reached a settlement with Mr Fawcett
A photographer suspected of planting a listening device outside Nicole Kidman's Sydney home will not have to give a DNA sample, a court has ruled.

Jamie Fawcett, 43, was alleged to have been seen near the house at around the time the device was planted.

A local court told Mr Fawcett to supply police with DNA to compare with samples said to have been found on the device.

But an appeal court overturned the ruling since there was no evidence Mr Fawcett had broken any laws.

"There was no evidence before the court that the device was ever used or caused to be used to record or listen to a conversation," Judge Michael Grove said in his judgement at New South Wales Supreme Court.

The device was found outside the Oscar-winning actress's home in January.

Detective Malcolm Nimmo, who brought the matter to court, was ordered to pay Mr Fawcett's costs.

Mr Fawcett told reporters outside the court: "I'm really happy common sense has prevailed.

"I thought that for a long while this has just gone on and on and I'm really glad it's over."

Earlier this year, Ms Kidman reached an out-of-court settlement with Mr Fawcett and fellow photographer Ben McDonald after she was granted a temporary restraining order against the pair for allegedly stalking her.

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