Underbelly waits for DPP all-clear

7Feb08

Source: Mark Buttler and Mark Dunn, heraldsun.com.au

THE future of Channel 9′s (NBN in Newcastle) $13 million series Underbelly could be decided by last-minute legal proceedings beginning today.

The Director of Public Prosecutions, Jeremy Rapke, QC, has secured an urgent viewing of the series before he decides whether to seek an injunction stopping its broadcast in Victoria.

A Supreme Court judge called prosecutors and defence lawyers together after serious concerns were raised about whether the show could prejudice a jury for the trial this year of a man who has pleaded not guilty to a gangland killing.

"I believe (the judge) is aware of the concerns," a source familiar with the case said.

Although the accused is not named in Underbelly, which is due to air
next Wednesday, there are concerns the show could hurt his chance of a
fair trial.

"We have a trial starting. We want to pick a jury and begin that trial.
My view is that the courts run the system, not Channel 9," a lawyer for
the accused told the Herald Sun.

The program, hailed by pundits as Nine’s attempt to drag itself out of
the television ratings doldrums, has cost $1 million per episode and
has generated unprecedented hype for a drama series.

A DPP spokesman would not comment on today’s proceedings.

"The Director has not yet had an opportunity to preview the program,
and as such is not yet in a position to comment as to whether he would
consider seeking an injunction in relation to any or all of the
program," he said.

"This position may alter after the Director has previewed the program. He hopes to preview some of the program shortly."

Use of images of Tony Mokbel have also caused worries. The bail-jumping
drug dealer’s face is to be obscured and references to his name
removed, to be replaced with the identity Mr B.

Broadcasts in other states and territories will not be altered.

Mokbel, who is in a Greek prison, will face 20 charges, including two
of murder, when he is returned to Melbourne, where he claims he will
not be able to get a fair trial because of publicity.

Lawyer Mirko Bagaric, who represented him during extradition
proceedings last year, said that the producers of Underbelly needed to
be careful to stay with proven facts.

"If it is untested evidence, that could subject them to contempt of court proceedings," Mr Bagaric said.

Producer Screentime’s executive director, Des Monaghan, has refused to
say whether last-minute legal advice had prompted the need for any
further editing of the program.

"I just don’t comment on legal speculation," he said.

Mr Monaghan would not be drawn on speculation that the pending
extradition of Mr Mokbel would require a rethink on how he was
portrayed in the drama to avoid prejudicing his trial.

Popularity: 1%