Polanski freed after US fails to give evidence

The Swiss, who had been holding Polanski under house arrest for 10 months, blamed the US for failing to provide confidential evidence about the way he was sentenced in 1977-1978.

The decision could end the United States' long pursuit of Polanski, unless he travels to another country that would be willing to apprehend him and consider sending him to Los Angeles.

France, where he has spent much of his time, does not extradite its own citizens and the public scrutiny over Switzerland's deliberations may dissuade other nations from making such a spectacular arrest.

Polanski was arrested last September as he arrived in Zurich to receive a lifetime achievement award at a film festival. The director of The Oscar-winning director of Rosemary's Baby, Chinatown and The Pianist was put behind bars for more than two months before being transferred on 3m bail to house arrest in his chalet at the luxury resort of Gstaad.

The 76-year-old, had questioned the motivations behind the American case for extradition, complaining that Los Angeles County district attorney Steve Cooley who was running the case was "campaigning for election and needs media publicity".

Mr Cooley is running for the California attorney general post.

The Swiss government said it had sought confidential evidence given on January 26 by Roger Gunson, the Los Angeles attorney in charge of the original prosecution against Polanski. Washington rejected the request.

"Mr. Polanski can now move freely. Since 12.30 today he's a free man," Justice Minister Eveline Widmer-Schlumpf declared yesterday.

Authorities in Los Angeles and Washington cannot appeal against the Swiss decision.

The was accused of plying his 13-year-old victim with champagne and a sedative during a 1977 modelling shoot and raping her. He was initially indicted on six felony counts, including rape by use of drugs, child molesting and sodomy, but pleaded guilty to one count of unlawful sexual intercourse.

In exchange, the judge agreed to drop the remaining charges and sentence him to prison for a 90-day psychiatric evaluation. However, he was released after 42 days by an evaluator who deemed him mentally sound and unlikely to offend again.

The judge responded by saying he was going to send Polanski back to jail for the remainder of the 90 days and that afterward he would ask Polanski to agree to a "voluntary deportation." Polanski then fled the country on February 1, 1978, the eve of his sentencing.

Based on references to Mr Gunson's testimony in US courts, the Swiss said it "should prove" that Polanski served his sentence after undergoing 42 days of diagnostic study.

"If this were the case, Roman Polanski would actually have already served his sentence and therefore both the proceedings on which the US extradition request is founded and the request itself would have no foundation," the justice ministry said.

It added that national interests were taken into consideration in the decision, and the wishes of the victim, Samantha Geimer, who long ago publicly identified herself and has joined in Polanski's bid for dismissal.

Officials then said:"The freedom-restricting measures against him have been revoked."