The Polanski Problem

An English assignment, examining the case against Roman Polanski:

The Polanski Problem

On September 26th, Swiss police at Zurich Airport arrested Oscar winning film director Roman Polanski. It was an event which has sparked debate on both sides of the Atlantic, and is but the latest dramatic chapter in Polanski's remarkable life. Considered a flight risk by Swiss authorities, Polanski is currently being held in Zurich where he is likely to remain during what may be a lengthy battle against extradition to the United States.

His arrest is due to events 30 years in the director's past. Accused of drugging and raping 13 year old Samantha Gailey at the Los Angeles home of actor Jack Nicholson, Polanski was arrested and charged with several offences in relation to the incident. After agreeing a plea bargain, the greater charges were dismissed with Polanski pleading guilty to “engaging in unlawful sexual intercourse with a minor” and reporting to Chino State Prison for a court ordered 90-day psychiatric evaluation from which he was released after 42 days.

A sentence hearing was to follow, but Polanski failed to attend having fled the country. The documentary film 'Roman Polanski: Wanted and Desired' alleges this was in response to the prosecution's coaching of the judge and the fear of a lengthy prison sentence, instead of the probation they had been promised in the course of the plea bargain.

In the intervening years Polanski has not returned to the United States. When he was awarded the '2002 Academy Award for Directing' for his film 'The Pianist' he could not attended the ceremony for fear of arrest. It was revealed that Polanski reached a $500,000 settlement with his victim in 1993, an amount which had increased through non-payment to nearly $605,000 in August 1996.

Clearly there are several legal aspects within the saga, which are likely to take several years to resolve. They begin with Polanski's current incarceration in a Zurich cell. The United States have 60 days from his arrest to apply for his extradition, which they are expected do so well within their allotted time. This seems the most clear cut of the legal challenges, the treaty between the US and Switzerland and Polanski's status as a convicted felon who has fled, both weigh heavily against the director's case. I see no reason to expect Polanski should not be returned to the United States to face the more serious charges.

In December 2008, Polanski's lawyers sought to the case against him dismissed due to the allegations of judicial and prosecutorial misconduct. The request was dismissed at the time due to Polanski's reluctance to appear in Los Angeles court, where he would have been subject to arrest. If extradited, this request will undoubtedly be resubmitted.

A victory for Polanski in this battle would not necessarily free him, as he could potentially still face charges relating to his having 'fled the jurisdiction'. An outright defeat would leave him facing the sentencing hearing he avoided over 30 years ago and the possible imposition of a weighty sentence due to his guilty plea and his attempt to avoid punishment. There is however a third option, in which Polanski could find himself, for the first time, facing a trial in relation to the initial charges from which this circus has grown.

While Polanski agreed to plead guilty as part of his plea bargain, it may be argued that he only did so in fear of the consequences should he lose a trial. It is unlikely this scenario will ever arise and so we are unlikely to ever have the trial, which would make clear the events from 30 years ago.

Polanski, like other infamous public figures, clearly seems to be guilty of something, but what charge (if any) he will receive punishment for, is yet to be seen.