23/11/2007

Coroner To Appeal Paparazzi Evidence Ruling

A court ruling that could bring the inquest into Princess Diana's death to a halt is now being appealed.

The High Court ruled that the coroner would not be able to allow French paparazzi evidence to be admitted without them actually being present - which would have severe implications in the legal procedure – possibly bringing it to a premature close.

The court decision went in favour of a legal challenge by the parents of Diana's driver, Henri Paul, over allowing the evidence to be read to jurors.

They argued that cross-examination would not be possible if the photographers did not appear in person.

However – given the implications for the whole inquest – the coroner Lord Justice Scott Baker has now decided to challenge the ruling.

The photographers were originally asked to appear in person at the hearing, but declined - a move backed by the French government.

Lord Justice Baker then decided their statements could be read to the jury, in order to allow the evidence to be heard - but this was later overruled by the High Court.

Earlier this week, judges said the photographers' evidence had to be admitted by calling a witness - for example, someone who had taken down the statement.

Mr Paul died in the crash on 31 August, 1997, as did Diana's companion Dodi Al Fayed.

He had driven the couple, plus a bodyguard, from the Paris Ritz Hotel with paparazzi following, and crashed in the Pont de l'Alma tunnel.

On Friday the coroner's counsel, Ian Burnett QC, told the Court of Appeal that the Paul family lawyers, backed by the Paris Ritz Hotel, were seeking an opportunity to "examine witnesses as close to the horse's mouth as possible to enable them to explore the circumstances in which the statements were made".

Mr Burnett told Lords Justices Waller, Latham and Dyson that the High Court decision, if upheld, would "lead to illogical consequences and seriously disrupt these inquests and other inquests into deaths overseas".

See: Diana Inquest Faces Crisis

(BMcC)




Related UK National News Stories
Click here for the latest headlines.

01 November 2007
French Failure To Summonse Diana Inquest Witnesses Slammed
The Princess Diana inquest in London has heard a demand for witnesses to be compelled to give evidence.
08 December 2009
Man Jailed Over Girl's Fire Death
A man who killed a three-year-old girl in an arson attack on her own home has been jailed for a minimum of 28 years. Graham Heaps, 44, from Woodside Terrace, Crumlin, South Wales, set fire to house Everton last December, after pouring petrol through the letterbox.
05 March 2007
Al Fayed asked for evidence in Diana inquest
Mohammed Al Fayed has been asked to provide any evidence that Princess Diana and Dodi Al Fayed were murdered to an inquest into their deaths. Speaking at a pre-inquest hearing on Monday, Lady Butler-Sloss said that she had not been given "a shred of evidence" about the allegations.
08 January 2007
Royal jury rejected for Diana inquest
The coroner at the inquest into the death of Princess Diana has said that she wants the jury to be made up of members of the public and not from the Royal Household. Speaking during a preliminary hearing at the High Court, Lady Butler-Sloss said that having a panel comprised of people from the Royal Household would be "inappropriate".
21 November 2007
Diana Inquest Faces Crisis
The fact that a UK coroner has no power to order crucial witnesses to give evidence to a hearing has again been highlighted at the Princess Diana Inquest in London - and this time it may halt the case. Two judges have now ruled that documentary evidence from the paparazzi cannot be admitted without cross examination at the inquest.