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Nine loses Underbelly appeal

Underbelly will remain banned in Victoria for the time being after Channel Nine this morning lost an appeal to overturn the ruling.

The Court of Appeal has dismissed the application.

Chief Justice Marilyn Warren and justices Murray Kellam and Frank Vincent chose to continue a ruling by Justice Betty King that the series not be broadcast or distributed in or out of Victoria.

Nine had appealed for some episodes to air, arguing that their content did not prejudice a looming murder case.

On February 29, Ron Merkel, QC, for Nine, said his client proposed screening the first three episodes immediately after any successful appeal and would give the court seven days’ written notice of its intention to show any further episodes that it believed would not prejudice the murder trial.

Mr Merkel said “special editing” for Victorian audiences was yet to be done for episodes three onwards.

Based on the uncut version of the series, he said Justice King had cause to prohibit broadcast of episodes six onwards, and possibly episodes four and five.

Mr Merkel said Justice King needed to operate in “the real world” and consider episodes three to 13 progressively, as they were each edited into forms suitable for broadcast in Victoria.

Justice Frank Vincent responded: “This is where the real world might have to intrude into the television world.”

Victoria’s top prosecutor Jeremy Rapke, QC, opposed Channel Nine’s move to screen any part of the series in Victoria, arguing that the risk of prejudice to the murder trial “permeates the whole series”.

Underbelly will continue to screen around the rest of Australia from next week, where it has enjoyed strong audiences.

Source: The Age

2 Responses

  1. This is really mean. I’m aching to see Underbelly, have been since it was first meant to air. We don’t all have friends interstate or knowledge and access to download. Meanwhile the tv week does story’s on the show, just teasing us in Vic, that don’t have access. The same way they do with Gossip Girl and Smallville for those with out Foxtell and HD.

  2. I think a vast majority of Victorians have already seen it, not only from the internet but also relatives and friends in other states taping it and sending it over. I feel bad for nine, there was no doubt it was going to do big bizz down here in Vic and this may just knock the top of the ratings.
    I wonder what murder tail its pending? My guess is the Running Man and the Drivers trial. And it doesnt exactly cast Mokbel in a good light either.
    The last three episodes are floating around as well, but the quality isnt crash hot, theres barely any music in them and even a few lines of dialogue are gone, it seems there still working on them I guess.

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