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French U-turn over Diana inquest Straw urged to help Diana inquest
(about 2 hours later)
The coroner in the Princess Diana inquest has accused the French of taking a "political" decision not to force paparazzi to give evidence. Justice Secretary Jack Straw has been urged to intervene over the calling of witnesses to Princess Diana's inquest.
Lord Justice Scott Baker said that, in the past week, a decision not to compel witnesses to give evidence had been taken at a "very high level". Earlier, the coroner accused the French of making a "political" decision not to force the paparazzi to give evidence.
It had previously been expected that French law would force them to attend a Paris video link with the London court. It had previously been expected that French law would force them to attend a Paris video link with the High Court.
France has cited fears for "public order" as a reason for the U-turn. Michael Mansfield QC, for Mohamed Al Fayed, whose son Dodi also died in the 1997 crash, called on Mr Straw to make representations to France on the issue.
Michael Mansfield QC, representing Dodi Al Fayed's father, Mohamed, has called for Minister of Justice Jack Straw to intervene to get the French to force witnesses to give evidence. 'Public order'
'Not law' Coroner Lord Justice Scott Baker said that, in the past week, a decision not to compel witnesses to give evidence had been taken "in the minister's office and at a high level and appears to have been a political decision".
Princess Diana, her companion, Dodi Al Fayed, and their chauffeur, Henri Paul, died after the crash in the Pont de l'Alma Tunnel in Paris in the early hours of 31 August 1997 after leaving the Ritz Hotel.
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 Lord Justice Scott BakerI 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 Lord Justice Scott Baker
The French U-turn emerged during a legal argument over how the inquest is to proceed in the light of paparazzi refusing to give evidence. France has cited fears for "public order" as a reason for the U-turn, lawyers were told on Wednesday
Mr Mansfield said: "If there is going to be no revelation by the French on the basis on which a political decision has been taken, we say, on the face of it... it is subterfuge that is being used and we are concerned witnesses are being protected by the reference to public order."
He said Mr Straw should make representations to his French counterpart because of the "unique" nature of the hearing.
Legal argument
The French U-turn emerged during a legal argument over how the inquest is to proceed in the light of paparazzi present in Paris on the night the princess died refusing to give evidence.
Lawyers told the court they had received advice that, under French domestic law, witnesses could potentially be compelled to attend the video suite at the Palais de Justice.Lawyers told the court they had received advice that, under French domestic law, witnesses could potentially be compelled to attend the video suite at the Palais de Justice.
However, the coroner told them: "That's not going to happen.However, the coroner told them: "That's not going to happen.
"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.""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."
Lord Justice Scott Baker said he believed France's decision had not been taken under French law but was, instead affected by, "what the French are actually prepared to do". Lord Justice Scott Baker said he believed France's decision had not been taken under French law but was, instead affected by "what the French are actually prepared to do".
The court also heard that, while some paparazzi could not be traced, at least six whose whereabouts were known had not been issued with summonses.The court also heard that, while some paparazzi could not be traced, at least six whose whereabouts were known had not been issued with summonses.
This was despite earlier assurances to lawyers that this had taken place some time ago, the coroner said.This was despite earlier assurances to lawyers that this had taken place some time ago, the coroner said.
'Nation's interests''Nation's interests'
Michael Mansfield QC accused the French authorities of using "subterfuge". Mr Mansfield raised concerns that other importance witnesses could also be "protected" from giving evidence to the inquest.
He raised concerns that other importance witnesses could also be "protected" from giving evidence to the inquest.
He produced a copy of a section of the French Civil Code - Article 694-4 - referred to by the French authorities in their decision not to force paparazzi to give evidence.He produced a copy of a section of the French Civil Code - Article 694-4 - referred to by the French authorities in their decision not to force paparazzi to give evidence.
The court heard that the article spoke of instances where a request for judicial assistance could "threaten public order for the fundamental interests of the nation". The court heard that the article spoke of instances where a request for judicial assistance could "threaten public order or the fundamental interests of the nation".
Mr Mansfield called on Mr Straw to make representations to his French counterpart. Princess Diana, her companion Dodi Al Fayed, and their chauffeur Henri Paul, died after the crash in the Pont de l'Alma Tunnel in Paris in the early hours of 31 August 1997 after leaving the Ritz Hotel.
The hearing was adjourned until Thursday afternoon.