Alan Hamilton
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Holding the conspiracy theory of the deaths of Diana, Princess of Wales, and Dodi Fayed up to the light yesterday, Lord Justice Scott Baker found it, if not shot full of holes, at least a patchwork quilt of darkest grey.
Lawyers representing Mohamed Al Fayed have their needles ready to stitch up the gaps and colour in the squares, but by the end of a lengthy opening address to the jury yesterday, the coroner had enumerated a number of key areas where hard evidence was distinctly lacking.
There was, for example, no proof that the Princess was pregnant at the time of her death in a car crash – there was evidence to show that she was taking the contraceptive pill – nor any that she and Dodi were about to become engaged. There was no evidence that the British secret intelligence services were involved in a murder plot, and alleged letters from the Duke of Edinburgh to the Princess have disappeared.
Three eminent French doctors attended a postmortem examination on Henri Paul, the driver of the Mercedes, and took photographs of blood samples being taken from the corpse; there is as little firm proof of the samples being switched as there is of Paul being in the pay of MI6. And any number of white Fiat Unos could have been involved in the fatal accident in the Alma tunnel.
And yet the coroner had his caveats and even some fresh disclosures. He has been making inquiries of his own to add to the French inquiry into the deaths and the exhaustive 800-page report published last year by Lord Stevens, the former Metropolitan Police Commissioner, neither of which discovered any skulduggery.
Mr Al Fayed has maintained unwaveringly that the couple were killed by British secret agents, acting on the orders of the Duke of Edinburgh, because the mother of a future king was pregnant by his Muslim son and was about to marry him.
Contrary to such claims, the coroner said he had found evidence that the Princess had been taking the contraceptive pill at the time of her death. The jury, he said, would hear more intimate details of the Princess’s personal life in the coming weeks.
“No indication was given on pregnancy by Diana to her doctor, family, friends or associates,” the coroner said. “No pregnancy test was carried out when the doctors were trying to save Diana. There was no reason to and, if anything, there were far more important things to do.”
The pathologist who carried out a full postmortem examination after the Princess’s body had been returned to Britain saw no signs of pregnancy. But the coroner concluded: “It is likely that pregnancy is a matter that cannot be proved one way or the other in scientific terms in this case.”
Pregnancy, or lack of it, was relevant in two ways: it is being claimed by the Al Fayed camp that it was motive for murder, and the embalming of the Princess’s body by the French authorities was a way of concealing it.
Mr Al Fayed claims that he received news of her pregnancy in a telephone call in the afternoon before the fatal crash and that calls were being monitored by MI6.
Lord Justice Scott Baker disclosed that he had been making some inquiries of his own of MI6, with what he conceded might be limited success.
His team had been given access to the agency’s files, in which no reference to the Princess could be found; but he acknowledged that secret intelligence services let you see only what they want you to see. However, he was able to discover that MI6 officers were operating in France during the summer of August 1997; it would be surprising, he said, if they did not maintain a regular presence at an important British diplomatic mission. Their role consisted of liaison work with the French authorities over counter-terrorism and organised international crime. “In other words, it is claimed, they had other and bigger fish to fry.”
Mr Al Fayed has claimed that Sir Michael Jay, the British Ambassador at the time, was at the forefront of the alleged conspiracy.
“To the best of his knowledge, no officer acting for security services or SIS [the Secret Intelligence Service] was involved in a conspiracy to cause the death of Diana and Dodi, neither were they involved in any cover-up,” the coroner said.
“The UK Government has maintained from the outset that it was entirely unaware of the presence of Diana in Paris on August 30 and 31, 1997 and it had no information with regard to her movements or the circumstances of the crash.”
The US National Security Agency had similarly denied tracking her, the coroner said.
Another unresolved question concerned alleged letters to the Princess from the Duke of Edinburgh. Lady Sarah McCorquodale, her sister, in the presence of Paul Burrell, her butler, had opened a chest in the Princess’s Kensington Palace apartments to find a folder of correspondence. She had also looked in her desk where she kept private letters, but nothing from the Duke was found.
“It is probable that such letters do exist,” the coroner said, adding his hope that Mr Burrell would agree to give evidence to the inquests.
An important question for the jury is the state of intoxication of Henri Paul. Lord Stevens, who published his report last year, is expected to give evidence and explain the discrepancy between his telling Paul’s parents that their son was not drunk and his official report saying that he was. “I anticipate Lord Stevens will give evidence that he was trying to reassure the Pauls that their son had not been ‘as drunk as a pig’ as had been alleged in some newspapers,” the coroner said.
The jury would also have to contend with questions over the contents and reliability of blood samples taken from Paul’s body. “You may conclude that there are some unsatisfactory features about aspects of the sampling and recording procedures; some of the results are puzzling.”
Blood samples indicated that Paul had been about three times over the French drink-driving limit, yet CCTV footage showed Paul bending over to tie his shoelaces quite steadily. One sample indicated an unusually high level of carbon monoxide, enough to make a person unwell.
“One possibility to consider will be whether or not the sample could have been contaminated in some way. Another possibility to consider is whether the high levels mean that that particular sample could not have come from Henri Paul.”
Having the Princess’s body embalmed ten hours after her death is another grey area. Was it illegal? Was it ordered by MI6 to conceal the pregnancy? What took place was not the kind of embalming associated with the pharaohs, but rather an injection of fluid into the blood vessels to slow decomposition. Efforts to keep the body cool on a hot day were failing.
In France, the inquest heard, author-isation to embalm a body is needed from both the local mayor and relatives of the deceased. Permission from the official side came from the police because the crash happened in the early hours of the morning.
In the absence of relatives, personal permission was given by Michael Gib-bins, the Princess’s personal secretary, and Colin Tebbutt, her security consultant, after learning that the Prince of Wales would not arrive in Paris until 5pm to collect the body of his former wife. “These men may paint a picture of finding themselves unexpectedly in a difficult situation; a decision should have been made by relatives, but who was there to call?” the coroner said.
He noted that three members of Mr Al Fayed’s security team, including Trevor Rees, the only survivor in the Mercedes, had resigned their jobs within months of the crash. After recovering from extensive injuries, Mr Rees went back to work for Mr Al Fayed for a brief period. “He saw so much more of Mr Al Fayed than he had ever seen of him before and there were meetings between just the two of them. He felt Mr Al Fayed was obsessed with the idea that Diana and Dodi had been murdered, and was increasing trying to pressure him into agreeing with that,” the coroner said.
In one telling passage the coroner referred to Mr Al Fayed’s insistence that the couple were about to marry. He pointed out the unreliability of the jeweller from whom Dodi allegedly bought a ring, and who had changed his story more than once. He also recalled a press conference given by Michael Cole, then Mr Al Fayed’s press officer, in the days immediately after the crash and before Mr Al Fayed’s crusade was fully wound up.
“If the planet lasts a thousand years, that ring will forever remain a mystery,” Mr Cole had told journalists. His employer soon took a different view.
As he wound up his 150-page statement, which had taken him almost a day and a half to deliver, the coroner urged the jury to forget any prejudices they might have had about the Princess, the Royal Family or Mr Al Fayed.
The hearing continues.
Questions of the day
1 Was Diana pregnant and planning to marry Dodi?
2 Were the pathology samples taken from Henri Paul either contaminated or switched?
3 Was Henri Paul drunk?
4 Was the embalming of Diana’s body legal?
5 Were the security services involved?
6 Do letters to Diana from the Duke of Edinburgh exist?
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