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No DNA Sample for Kidman Photog
A photographer accused of bugging Nicole Kidman's Australian home won't be forced to turn over a genetic sample to police.
Shutterbug Jamie Fawcett, 43, was ordered in April to provide police with his DNA in order to compare it with samples allegedly discovered on a listening device discovered outside of Kidman's palatial estate in Sydney back in January.
A security guard came across the device, wrapped in plastic and partially submerged in water in the foliage across the street from the Oscar winner's estate. It was believed to have been planted to record Kidman's movements so paparazzi could track and photograph her.
Police alleged that Fawcett had been captured on security footage around the time the device was believed to have been planted. No conversations had been recorded on the device before it was discovered.
The photographer appealed the demand for his DNA to the New South Wales Supreme Court, which ruled Tuesday that he could not be ordered to provide a sample, as there was no evidence he had violated any law.
"There was no evidence before the court that the device was ever used or caused to be used to record or listen to a conversation," Judge Michael Grove said in his decision.
"That that must happen is an essential ingredient of an offense of using a listening device," he said.
The judge ordered Detective Malcolm Nimmo, who brought the matter to court, to shell out for Fawcett's legal expenses.
Outside court, the photog told reporters he was grateful that his ordeal had ended.
"I am pleased with the result...I am only happy that common sense has prevailed," Fawcett said. "I thought for a long while this has gone on and on and I'm glad it's over."
In February, Kidman reached a settlement with Fawcett and another photographer, after obtaining temporary restraining orders against them.
The Bewitched star had complained that the shutterbugs were staking out her property and making her feel like a prisoner in her own home. However, Fawcett and the other photographer, Jamie McDonald, complained that the keep-away order was preventing them from doing their jobs--namely, snapping shots of Kidman.
Once the restraining orders expired, a judge ordered the actress and photographers to sort out their problems like "intelligent people."
As part of the settlement, Fawcett agreed not to take pictures of Kidman within 550 yards of her home. The conditions of MacDonald's agreement were not outlined in court, but his lawyer said they were similar.
"There's no issue that these gentlemen are quite entitled to go about their business, and Ms. Kidman seems able to accept that," Magistrate Lee Gilmour said in February.
At the time the bugging incident occurred, Kidman was in Australia preparing to begin shooting the film Eucalyptus opposite Russell Crowe. The project has since been shelved, reportedly due to script problems.
Kidman recently began shooting the thriller The Visiting opposite the new James Bond, Daniel Craig.
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