Murdoch’s absence an NDS problem

Echostar’s legal action against NDS took another challenging twist May 5, with the judge suggesting that if News Corp chairman Rupert Murdoch did not appear in person before the court it could damage NDS's case.
More details have emerged from the Echostar action against smart-card specialists NDS. Echostar is alleging that NDS deliberately broke Echostar’s NagraStar algorithms and distributed the hacked code onto the internet, which NDS firmly denies.

Rupert Murdoch’s News Corp owns 80% of NDS, and Mr Murdoch is named as a witness in the case. From court transcripts released May 5 the presiding judge in the trial, Judge David Carter, speaking in his chambers, told both sets of lawyers that if Mr Murdoch failed to appear the consequences could cost News Corporation hundreds of millions of dollars. “Without the ability of Mr. Murdoch" to attend court and "briefly say, 'I didn't do it,' and 'I didn't know about it,' there's a real risk," said Judge Carter.

News Corp, in a statement, said Rupert Murdoch had no direct knowledge of the alleged card hacking.

Judge Carter last Friday told lawyers that Dr Abe Peled’s failure to appear personally in order to give evidence might also create problems for his jury instruction. NDS’ legal team has stated that since NDS is not guilty of the alleged offences it was not necessary for Dr Peled to appear, other than via a taped deposition he made April 30.

(Source: Rapid TV News )