|
 The recording of Redstone, the controlling shareholder of media
companies Viacom Inc <VIAB.O> and CBS Corp <CBS.N>, will not be seen
by the public, Los Angeles Superior Court Judge David Cowan said. A
transcript will be released promptly after it is played behind
closed doors, the judge said.
Lawyers for Redstone's former companion, Manuela Herzer, had
requested that the 92-year-old billionaire be called as a witness in
the trial, which starts on Friday. Herzer claims Redstone was not
mentally competent last October when he replaced her as his
designated health care agent.
 Viacom and CBS shareholders have closely followed the lawsuit for
what it could reveal about Redstone's condition. If he is declared
mentally incompetent, it could trigger a seven-person trust, which
includes Redstone’s daughter Shari Redstone and Viacom CEO Philippe
Dauman, to take over the voting shares of Viacom and CBS owned by
the Redstone family.The deposition by Herzer's lead attorney can
last no longer than 15 minutes, with a further 15 minutes set aside
for questions from Redstone's lawyer, Cowan said.
The judge said he tried to balance the public's right to view the
trial with protection of Redstone's privacy.
"Nobody deserves to have a career tarnished by having been taken to
a courthouse and made a public spectacle of when he would not allow
that to happen had he the strength himself to stop it," Cowan wrote
in the ruling. "The public will still know what he was asked, what
he said in response and in turn the judicial process remains subject
to scrutiny through the deposition transcript."
[to top of second column] |
Redstone's attorneys say he has a serious speech impediment, but
they argue he was fully aware of his actions last October when he
named Dauman as his health care agent in place of Herzer. He later
substituted his daughter, Shari, on the health care directive.
Pierce O'Donnell, Herzer's lawyer, said he expected to take
Redstone's deposition this week and would use the videotape at the
beginning of the trial. "Fifteen minutes should be more than enough"
to establish Redstone's lack of mental capacity, O'Donnell told
reporters after a brief court hearing.
Redstone attorney Gabrielle Vidal, in a statement, said she
appreciated "the court's continued protection of Mr. Redstone's
privacy and dignity."
(Reporting by Lisa Richwine; Editing by Bill Rigby)
[© 2016 Thomson Reuters. All rights
reserved.]
Copyright 2016 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.
 |
