‘“L'homme c'est rien – l'oeuvre c'est tout,” as Gustave Flaubert wrote to George Sand.’
Why do I mention this? Because of Roman. Poor Roman.
You have to hand it to the US authorities; whatever they lack in immediacy, they certainly make up for in dogged persistence. Over 30 years it’s taken them to catch up with European arthouse cinema’s most wanted – the Ronnie Biggs of film.
The response to Polanski’s arrest in Switzerland has been one of near universal outrage – partly because of the sheer unexpectedness of it (though one has to concede that unexpectedness may play a fairly crucial part in its successful completion). France's culture minister, Frederic Mitterand (Polanski is French by birth) declared himself ‘dumbfounded’. British author Robert Harris – with whom Polanksi had been working – was ‘taken aback’. President Sarkozy said he was following the case closely, and hoped it could ‘soon be resolved’. Harvey Weinstein called it a ‘miscarriage of justice’, and said he was going to call Arnold Schwarzeneggar (presumably to have him flex his metaphorical muscles as Governer of California, rather than spring the accused from jail with a massive truck and lots of guns).
Meanwhile, organisers of the Zurich Film Festival, where Polanksi was to have received a lifetime achievement award before being collared by Swiss police, were in ‘shock and dismay’, and immediately arranged a special ceremony ‘to allow everyone to express their solidarity for Roman Polanski and their admiration for his work’. Now, a petition has appeared – signed by over 100 leading names in cinema, including Woody Allen, Alejandro Gonzalez Inarritu, Martin Scorsese, David Lynch, Wong Kar Wai, Harmony Korine, Stephen Frears, Michael Mann, Wim Wenders, Tilda Swinton, Julian Schnabel, Whoopi Goldberg, Monica Bellucci and Pedro Almodovar – stating: ‘We demand the immediate release of Roman Polanski’. They add: ‘Roman Polanski is a French citizen, a renowned and international artist now facing extradition. This extradition, if it takes place, will be heavy in consequences and will take away his freedom’.
Like Woody, Martin, Whoopi et al, I appreciate many of Polanski’s films (though, clearly, Bitter Moon was a mistake). I hope he continues making them. I also think there are many questions to be asked about the way this absurdly long investigation has been conducted, and perhaps also its current outcome. Nevertheless, there’s something in this outpouring of support, these demands, that niggles. No, that screams.
Suppose, for a moment, that this wasn’t Mr Polanski, but Mr Zadenski. And suppose that he wasn’t a film director, but a pipe fitter. Would there be a similar outcry? Of course not. In all likelihood, we wouldn’t even hear about it. Even if we did, would the cultural and intellectual heavyweights of the world be leaping to his defence? Would anyone? Unlikely. Isn’t it more probable that the prevailing view be: ‘If you can’t do the time, don’t do the crime’?
Let’s just consider the original ‘crime’ for a moment. According to the testimony given to a grand jury by 13-year-old victim Samantha Gailey, the then 44-year-old director had plied her with alcohol and drugs, and taken nude pictures of her in a hot tub during a fashion shoot. He then had sexual intercourse with her despite her resistance and requests to be taken home. Polanski originally faced charges including rape and sodomy, but following plea bargaining these were dismissed in exchange for him admitting unlawful sexual intercourse with a minor. However, rather than stand trial he skipped bail in 1978 and never set foot in the US again. So, not an incident to be particularly proud of, nor one that, under ordinary circumstances, we would dismiss lightly. Had the hypothetical Mr Zadenski been the perpetrator, it seems unlikely he would have elicited much sympathy.
Polanski, however, has widespread support. Why? Because he’s a great film director. This fact is not only the spur that has kicked people into action, it has become the main thrust of their argument. He is talented. Successful. Renowned.
So, should murder now be taken less seriously if committed by someone with artistic talent? Should we treat the wealthy more leniently than others if they break the law? Should the severity of punishment by the criminal justice system be inversely proportional to ones fame? Of course not. Even a child knows that such a view of justice is absurd.
And yet, French director Luc Besson – who refused to sign the petition – was practically a lone voice of sanity when he said: ‘I have a lot of affection for him. He is a man that I like very much, but nobody should be above the law.’
Some have pointed out that the victim has herself called for the charges to be dropped, having previously reached an out-of-court financial settlement with the director. But is this really a satisfactory conclusion? Was it satisfactory in the case of Michael Jackson? Is it justice, or is it really just another example of the rich being able to buy their way out – a situation that only invites further abuse by alleged victims and alleged perpetrators alike?
There are many complex issues raised by this case, but what has emerged most forcefully – eclipsing all else – is that we seem suddenly incapable of making the simple distinction between a man and his work (or, as Holmes puts it, in the tongue of Polanski’s native land, between l’homme and l’oeuvre). It’s a failure of our powers of perception at the most fundamental level – and one that, bafflingly, has afflicted not just ordinary folk, but many of the most perceptive minds in cinema.
Perhaps, for them, it’s all a little too close to home. And perhaps there’s one key question that should be uppermost in their minds: How good do your films have to be to save you? Because if the shit hits the fan and your freedom comes down to critical appreciation of a body of work, you’d better hope you’re a Polanski rather than a Glitter.
Scorsese, surely, is bullet proof. Woody would probably be OK (though he might want to buck his ideas up a bit). Lynch we expect to be weird anyway. Yeah, those guys are safe.
But what of Michael Bay? A commercial success, sure – but can he hack it artistically? Which side of the line would Joel Schumacher fall? Or Brett Ratner? Would Renny Harlin be damned or saved by his oeuvre? And do we judge on content? Has Cronenberg always looked like a dodgy character? Would Lars Von Trier be judged more harshly because Cannes audiences booed?
If ever there were an incentive for directors to make decent films, surely this is it.