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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)
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)
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