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French accused of Diana inquest
'subterfuge'
Gordon Rayner
London
Telegraph
Thursday November 1, 2007
The inquest into the death of Diana, Princess of Wales has sparked
an international row after the French government was accused of
using "subterfuge" to protect key witnesses.
The hearing stalled after it emerged that none of the paparazzi
who had pursued Diana in Paris on the night she died was now expected
to give evidence.
Lord Justice Scott Baker, the coroner, said he had earlier been
given the impression by the French authorities that they would
order the photographers to attend the inquest.
But he told barristers for the interested parties in the case
that the French had now withdrawn their co-operation, citing fears
over "public order" if the paparazzi were forced to
attend.
(Article continues below)
Ten paparazzi were arrested in the aftermath of the crash in
August 1997 on suspicion of helping to cause it and failing to
assist the injured, but after a lengthy French investigation none
were prosecuted.
The coroner has told the jury to disregard the findings of the
French investigation and examine afresh such issues as whether
the paparazzi were in any way to blame.
Several of the photographers had been expected to give evidence
this week, but Lord Justice Scott Baker said he was now "99
per cent certain" none would attend, and the jury stayed
at home on Wednesday while the barristers decided how to approach
the problem.
Although coroners sitting in UK courts have no powers to compel
witnesses to give evidence, such powers do exist in France.
The coroner told the hearing at the Royal Courts of Justice:
"I was certainly under the impression, at least until the
end of last week that... the witnesses would, at the very least,
be required to come to court. But it does appear that there has
been a change in position by the French authorities taken at a
very high level."
He said it appeared to be a "political" decision.
Michael Mansfield QC, representing Mohamed Fayed, whose son Dodi
was also killed in the crash, suggested the French were using
"subterfuge" to protect witnesses.
He specifically requested that Justice Secretary Jack Straw make
representations to his French counterpart because of the "unique"
nature of the case.
He produced a copy of Article 694-4 of the French Civil Code
referred to in a communication from the French authorities, which
speaks of areas where a request for judicial assistance could
"threaten public order for the fundamental interests of the
nation".
There was laughter in court as Mr Mansfield said that the suggestion
appeared to "run against everything, I think, the Revolution
was fought for".
The hearing continues.
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INFOWARS:
BECAUSE THERE'S A WAR ON FOR YOUR MIND
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