Mel Gibson's attorneys are fighting to keep the movie star out of court as he fights to put his alleged stalker behind bars.

The MAD MAX star has already won a restraining order against ZACK SINCLAIR, but that didn't keep the 34-year-old drifter away from Gibson's home in Malibu, California.

Sinclair has already been jailed twice for allegedly trespassing on the Gibson estate, but the actor wants the stalker out of his life for good - without having to face him in court.

Gibson's prosecutor DEBRA ARCHULETA (corr) is reportedly using California's Victim's Rights Act, which helps crime victims avoid defendants, to avoid a day in court, insisting she wants to use the testimony of undercover cops working on the case instead.

Meanwhile, Sinclair's attorney GAYLE PERLO is determined to win her client a reprieve, insisting he has never been and will never be a threat to Gibson's safety.

She says, "This is a very unfortunate situation for everyone involved. Zack comes from a very loving and concerned family. He's a very sincere young man, deeply religious."

Perlo claims Sinclair merely wanted to meet with Gibson and chat to him about his The Passion Of The Christ movie.

Sinclair is due back in court later this month (19NOV04), for the preliminary hearing into the case.

01/11/2004 10:48