LOS ANGELES, Feb 15 — A judge yesterday dismissed David Beckham's RM$25 million (RM77 million) libel lawsuit against a celebrity magazine that ran an article saying the married, British football star slept with a call girl.

US District Judge Manuel Real said Beckham, whose wife Victoria was a member of the Spice Girls singing group, is a public figure and claims of adultery against him are of interest to the public.

Real also said there was no evidence In Touch Weekly magazine exhibited malice when it published the story about the LA Galaxy player, which is key because under US law, evidence of malice is an important benchmark for winning a libel lawsuit.

Beckham (picture) has declared in court papers that he never met Irma Nici, the US$10,000 per-night New York call girl originally from Europe, who was quoted in the story saying she slept with him in New York and London.

Attorneys for Beckham said they will appeal Real's decision and continue their fight against US-based In Touch and its owner, Bauer Publishing Company.

"They have not provided one shred of evidence to support the claim this story is true," a spokesman for Beckham's attorneys said in a statement. "David Beckham's clear evidence proved that this is without foundation."

"Unfortunately, the US legal system requires us to show that the magazine acted maliciously," the statement said.

Beckham said in court papers that in September 2007 when, according to the In Touch article he met Nici for sex in London, he was never with her but was attending to his sick father who had suffered a heart attack.

An In Touch editor declared in court papers that Nici claimed during an interview that Beckham seemed downcast when she met him in London, because his father was sick.

In Touch sought to corroborate Nici's story of an affair with Beckham by speaking to other people apart from Nici, such as her madam, the company said in court papers.

But In Touch did not ask the judge to rule on the truth or falsity of the article, said its attorney, Elizabeth McNamara. Instead, it sought to have the lawsuit dismissed on the grounds that the magazine did not act maliciously.

"We're very pleased with this decision, we think the court correctly applied the law in dismissing the action against the publisher," McNamara said.

An appeal by Beckham's attorneys would go to the US 9th Circuit Court of Appeals.

In their US$25 million libel lawsuit filed last fall, Beckham's attorneys also named Nici as a defendant.

Beckham, 35, and Victoria have been married for 11 years. They have three children and are awaiting the birth of their fourth child later this year. — Reuters

Relief as Rafael van der Vaart is passed fit to face AC Milan in the Champions League today. — Reuters pic

Van der Vaart missed Saturday's 2-1 win over Sunderland with a calf strain, and with several other midfielders absent, Redknapp was desperately hoping the Dutchman would recover.

Gareth Bale, who scored a hat-trick last time Spurs were in the city, when they lost 4-3 to Inter in the group phase, misses the game with a back injury, and Jermaine Jenas is suspended.

Luka Modric is struggling to make the starting side as he recovers from an operation to remove his appendix less than two weeks ago.

After flying to Milan yesterday and having a light session, Redknapp was able to report good news on Van der Vaart.

"Rafa is okay. He had a calf strain but he should be okay," Redknapp told reporters.

Bale-out

Bale, who has missed several games with a back injury, did not travel with the squad.

"It's a big loss, he didn't feel great," said Redknapp, who said he did not want to rush the Welshman back too early.

Bale's absence has been somewhat countered by the return to the first team of Niko Kranjcar, who has scored the winning goals in Spurs' last two games.

"Kranjcar is in a great form," Redknapp said of the Croatia midfielder. "He showed it last Saturday. He also has international experience. He won't let us down for sure."

Having trailed 4-0 to Inter in his last trip to the San Siro before Bale's hat-trick brought respectability, Redknapp said he would not be changing the style that also brought a 3-1 win over the holders at White Hart Lane.

"It is very difficult to change approach," said Redknapp. "I certainly can't ask players like Aaron Lennon to do defensive job because this is not their nature. They have to play their natural game."

Captain William Gallas said the experience of playing in the San Siro would help his team. "Harry tells us not to be afraid of any team," he said. "We just want to win, and win and win."

Milan boss Massimiliano Allegri said he was expecting that approach to continue.

"I think Tottenham scored the highest number of goals in the group stage," he said. "They are very strong in attack.

"But they conceded several goals as well."

Allegri is also struggling with injuries, and said he had yet to decide on his line-up or his formation.

"I still have to make a decision on (Alexandre) Pato," he said. "We only have three strikers available. It will be different without (Antonio) Cassano.

"It could be possible to play with two men in front; a different game than with three.

"Tomorrow we have to play a balanced match and the main thing is not to concede goals.

"In midfield I have Gattuso, Clarence Seedorf, Flamini, Merkel, Jankulovski, with the alternative of Thiago Silva in front of the defence." — Reuters