Judge says British journalist can be called to testify against Jackson

SANTA MARIA, California, Jan 28 (AFP) - The judge in Michael Jackson's child abuse case ruled Friday that British journalist Martin Bashir can be made to testify for the prosecution during the pop star's trial.
Bashir's 2003 documentary "Living With Michael Jackson" caused a worldwide public furore and set in motion the chain of events that eventually led to his arrest 14 months ago.
"There are appropriate areas he (Bashir) could be questioned on that are not within the scope of immunity," Judge Rodney Melville said, acknowleding that US and California law protect reporters from being held in contempt of court over stories they have produced.
Media groups has asked the judge to bar prosecutors from calling the reporter as a witness at Jackson's trial, which is set to get underway with jury selection on Monday.
Prosecutors want to question Bashir about the making of the film in which Jackson is seen holding hands with the boy who would to accuse him of molestation and describing how he frequently shared a bed as children.
Melville said that while Bashir could be made to testify, he was not subject to the strict gag order covering most aspects of the case and could therefore cover it, although he cannot talk about anything he may have seen or heard at Neverland that could impact the case.
The decision pits the US constitutional rights of freedom of expression and that to a fair trial against each other.

01/28/2005 23:26 GMT - AFP