Extradition unfair, say Polanski lawyers

Roman Polanski's lawyers issued a lengthy statement today, describing a request for his extradition from Switzerland as incomplete and unfair.

Roman Polanski's lawyers issued a lengthy statement today, describing a request for his extradition from Switzerland as incomplete and unfair.

However, they said that if true and complete facts were presented to Swiss officials and they determined extradition was justified, then the Oscar-winning film director would return to the US to fight his 33-year-old child sex case.

It was the first time in the long legal battle that the team of lawyers had mentioned Polanski (aged 76) possibly returning voluntarily. But it was couched in language that suggested this remained unlikely.

"If, after a fair hearing in Switzerland at which the entire record of this case is truthfully presented, the Swiss determine that extradition is justified, Mr Polanski will of course comply with a lawful extradition order and return to California to litigate the issues of prosecutorial and judicial misconduct and be finally sentenced under the law," the statement said.

"Such a lawful order should be based on the entire record of the California proceedings, not the misleading and incomplete record provided to date," it added.

Meanwhile the director remains under house arrest at his chalet in the luxury resort of Gstaad.

Polanski pleaded guilty to unlawful sexual intercourse with a 13-year-old girl in 1977, but after a judge said he would renege on a promised sentence agreement, Polanski fled to his native France. He has been a fugitive since.

The statement by lawyers Douglas Dalton, Brad Dalton and Chad Hummel had a tone of exasperation, saying all they wanted was for Swiss authorities to know about the actions of the now-deceased judge in the case, specifically his intent to treat a 90-day diagnostic study in prison as Polanski's entire punishment.

Polanski's lawyers maintain that Los Angeles prosecutors are hiding this fact from the Swiss.

"All we ask on Mr. Polanski's behalf is that the Swiss be informed of this fact by the US, a fact confirmed by every prosecutor in charge of this case up to now," the statement said.

The lawyers have presented numerous legal briefs on the issue and took the case to a California appellate court which, while making no order, suggested it was time for the marathon case to be resolved.

Swiss authorities have not said when they would rule on the US extradition request.

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