Ross could sue after ‘telling BBC not to broadcast obscene prank ’

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The 47-year-old presenter, who was suspended by the corporation without pay for 12 weeks last month for lewd prank calls he and Russell Brand made to 78-year-old actor Andrew Sachs, has told friends that he advised the show's producers to "edit out" the material before airing the show two days later.

The £6 million-a-year presenter also said the producers should check with Sachs first if he was happy with the edit, a source close to the star said.

If the claims are true then Ross would have a strong case against the BBC to sue for the £1.5 million he is losing during his suspension. The friend said that Ross, who announced that Brand had slept with Sachs's granddaughter, Georgina Baillie, knew straight away that he had gone too far.

The source said that Ross told Radio 2 producers: "I expect you'll be editing all that out," and was met with the reply: "Some of it's funny." Sachs was phoned by the BBC who asked if the messages left on his voicemail could be broadcast, and although he did object, someone at the BBC disregarded him.

The friend continued: "It is not Ross's fault. There is a golden rule across the industry that producers are supposed to protect talent, especially guests on other people's shows who might get roped into something. If you are a producer, then it's your responsibility. Ross's treatment has been grossly unfair. Whether what they said was right or wrong, it need never have gone to a wider audience."

The BBC has apologised for the broadcast, which sparked more than 40,000 complaints. Radio 2 boss Lesley Douglas and the head of specialist music and compliance, David Barber, have resigned.