Baby Reindeer legal scrap looks certain as 'real-life Martha' Fiona Harvey denies going to prison or court as the stalker from the show does

A legal showdown now looks set between Netflix and the woman who claims her supposed depiction in Baby Reindeer is untrue.

Fiona Harvey, who says the stalker depicted in the show – Martha – is based on her, denies ever going to prison or to court, as the character is seen doing.

It can now be revealed that the writer and star, Richard Gadd, who based the show on his own experiences, told makers Clerkenwell Films that his stalker was never convicted.

Sources indicate that Gadd told Clerkenwell that the stalker was the subject of an 'exclusion order' – a civil order and not the same as a criminal conviction of stalking.

A legal showdown now looks set between Netflix and the woman who claims her supposed depiction in Baby Reindeer is untrue. Pictured: Fiona Harvey

A legal showdown now looks set between Netflix and the woman who claims her supposed depiction in Baby Reindeer is untrue. Pictured: Fiona Harvey

Fiona Harvey, who says the stalker depicted in the show – Martha – is based on her, denies ever going to prison or to court, as the character is seen doing. Pictured: Martha in the show

Fiona Harvey, who says the stalker depicted in the show – Martha – is based on her, denies ever going to prison or to court, as the character is seen doing. Pictured: Martha in the show

Richard Gadd, who wrote and starred in the miniseries, pictured in north London

Richard Gadd, who wrote and starred in the miniseries, pictured in north London

This means that the programme was always a fictionalised dramatisation – though it went out under a banner which read 'this is a true story'.

Embarrassingly, a Netflix executive, Benjamin King, recently told a Commons committee that Gadd had suffered at the hands of 'a convicted stalker'.

It's not clear how Clerkenwell Films described the situation to Netflix, or what compliance procedures were undertaken.

Mr Gadd previously said Martha's identity was so well disguised that she would not recognise herself – but internet sleuths swiftly identified Ms Harvey as Martha. The actress who plays the character, Jessica Gunning, bears a strong resemblance to her.

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Ms Harvey says the show, which features Richard Gadd and Jessica Gunning (pictured), makes false claims about her

Ms Harvey says the show, which features Richard Gadd and Jessica Gunning (pictured), makes false claims about her

Fiona Harvey, pictured here on Piers Morgan Uncensored last week, previously vowed to take legal action against the creators of the Netflix show Baby Reindeer

Fiona Harvey, pictured here on Piers Morgan Uncensored last week, previously vowed to take legal action against the creators of the Netflix show Baby Reindeer

It can now be revealed that the writer and star, Richard Gadd, who based the show on his own experiences, told makers Clerkenwell Films that his stalker was never convicted

It can now be revealed that the writer and star, Richard Gadd, who based the show on his own experiences, told makers Clerkenwell Films that his stalker was never convicted

In a previous interview, Gadd has said that the situation was 'resolved' but did not explain how. He added: 'It's very emotionally true. I was severely stalked and abused.'

In an interview with Piers Morgan, Ms Harvey denied the stalking allegations though admitted she had met Gadd several times in Camden, north London. She has since instructed The Roth Law Firm in New York.

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