‘Show your face,’ LA prosecutors tell Polanski

The fate of Roman Polanski, the fugitive film director who has never been sentenced for having unlawful sex with an underage girl at Jack Nicholson's Los Angeles home back in 1977, could soon be decided.

His lawyers, who strongly believe he should not receive any jail time because he did 42 days behind bars in 1978 while psychological tests were being carried out, are arguing that he should be sentenced in absentia. This would allow him to remain in Gstaad, the Swiss ski resort where he is living under house arrest, and avoid being extradited to the US. Once the sentence is finally handed down, he would then be free to return to his family home in Paris.

But Los Angeles prosecutors remain determined that, whatever punishment he eventually receives, he should "show his face" in a California court. Yesterday they argued fiercely for his extradition and against a hearing in absentia.

Polanski should not be allowed to continue to fight the case "from the comfort of his Swiss chalet in the Alps", prosecutor David Walgren told Judge Peter Espinoza at the Los Angeles County Superior Court. He added: "The people are adamant that a fugitive not dictate the court's processes."

Polanski was arrested in 1977 for allegedly drugging and raping a 13-year-old Samantha Geimer during a photoshoot at the home of Nicholson, star of Polanski's hit film Chinatown.

The following year, he denied a charge of statutory rape but pleaded guilty to a lesser charge of 'unlawful sex with a minor' on the promise of a minimal sentence from Judge Lawrence Rittenband. Indeed, because he had spent seven weeks in jail awaiting sentence, he was led to believe that he would serve no further jail time at all.

However, on the eve of sentencing, Polanski was warned by his lawyer that Judge Rittenband was preparing to go back on his word and give the director a jail sentence. Polanski decided then and there to flee the country. He ended up in France, where his dual citizenship meant he could not be extradited to the US, and has been there ever since.

Last September, he agreed to visit the Zurich Film Festival to pick up a lifetime achievement award. Tipped off by the Swiss that he would be leaving the safety of France, the American authorities asked for him to be held at Zurich airport and he has been in Swiss custody ever since, first in jail and in recent weeks under house arrest in Gstaad.

Polanski and his lawyers decided to plead the case for a hearing in absentia after three appeal court judges suggested last month that this might be the best way to finally resolve the long-running case.

However, at yesterday's hearing Judge Espinoza made it clear that the appeal court's ruling was "a suggestion not a directive" and that he was far some satisfied that Polanski should be sentenced in his absence. He said he wanted to hear more arguments for and against and that he would consider Polanki's request at a full court hearing on January 22. ·