No jury for C4 Jackson doc libel case

The Court Of Appeal has upheld a decision that the libel case brought by Michael Jackson's former bodyguard against Channel 4 should be heard without a jury.

In a sitting yesterday, the Master of the Rolls Lord Neuberger, Lord Justice Maurice Kay and Lord Justice Sedley opted to maintain the ruling of Justice Tugendhat last month that the case brought by Matthew Fiddes against the broadcaster should be put before a judge alone.

The trial, which focuses on a Channel 4 documentary about the Jackson family moving to Devon, is now due to start next month.

In his ruling, Justice Tugendhat argued that the main reasoning behind the decision to decline a jury trial was reducing costs, as the legal process had already cost an estimated £3 million.

Yesterday, Ronald Thwaites QC, counsel for Fiddes, urged the appeal judges to throw out the verdict due to the precedent it would set.

"At stake in this case is the future of trial by jury in defamation cases. If a judge can remove it, and be upheld, it is difficult to envisage any case where it can be successfully retained in the face of objection," he said.

"As the law stands, every claimant who brings an action in libel or slander has a legitimate expectation it can be tried by jury. Only in the most exceptional cases can a judge remove a jury and order trial by judge alone."

However, Lord Nurenberger said that a "clear conclusion" had been reached by the panel that the appeal should be dismissed, but the decision would be more fully explained at a later date.

West Country native Fiddes, who previously acted as Michael Jackson's bodyguard on UK visits, agreed to participate in the Channel 4 documentary, titled The Jacksons Are Coming, as it followed members of the famous family relocating to Devon.

However, the 30-year-old martial arts expert claimed that the Cutting Edge programme, aired on November 27, 2008, featured elements that were wholly fabricated.

In February, Channel 4 failed to secure a gagging order to block media coverage of the multi-million pound legal case, which is expected to last around 20 days.

Channel 4 has confirmed that Tito Jackson and his mother Katherine Jackson, who is looking after the late Michael's children, would be travelling to London for the trial.