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Diana coroner decision 'flawed' Diana coroner decision 'flawed'
(20 minutes later)
Allowing Baroness Butler-Sloss to sit as coroner at the inquests of Dodi Al Fayed and Diana, Princess of Wales, was "fatally flawed", a lawyer has said.Allowing Baroness Butler-Sloss to sit as coroner at the inquests of Dodi Al Fayed and Diana, Princess of Wales, was "fatally flawed", a lawyer has said.
Michael Beloff QC made the remarks at London's High Court.Michael Beloff QC made the remarks at London's High Court.
He is acting for Mr Al Fayed's father Mohamed, who is seeking a judicial review of the decision by Lady Butler-Sloss not to sit with a jury.He is acting for Mr Al Fayed's father Mohamed, who is seeking a judicial review of the decision by Lady Butler-Sloss not to sit with a jury.
Harrods boss Mr Al Fayed says he is "certain" that the princess and his son were murdered.Harrods boss Mr Al Fayed says he is "certain" that the princess and his son were murdered.
Court ordersCourt orders
The princess, 36, and Dodi Al Fayed, 42, died when their Mercedes crashed in the Pont de l'Alma tunnel in Paris in 1997.The princess, 36, and Dodi Al Fayed, 42, died when their Mercedes crashed in the Pont de l'Alma tunnel in Paris in 1997.
Mr Al Fayed, the Ritz Hotel Ltd and the parents of Diana's chauffeur Henri Paul, are all seeking High Court orders.Mr Al Fayed, the Ritz Hotel Ltd and the parents of Diana's chauffeur Henri Paul, are all seeking High Court orders.
They want to prevent Lady Butler-Sloss from conducting the inquests in her role as the deputy coroner of the Queen's Household, or alternatively, as assistant deputy coroner for Surrey.They want to prevent Lady Butler-Sloss from conducting the inquests in her role as the deputy coroner of the Queen's Household, or alternatively, as assistant deputy coroner for Surrey.
They also oppose Lady Butler-Sloss's decision to sit alone without a jury.They also oppose Lady Butler-Sloss's decision to sit alone without a jury.
Mr Beloff told the court: "She cannot sit. If she can, she should not. If she does, she must not sit without a jury."Mr Beloff told the court: "She cannot sit. If she can, she should not. If she does, she must not sit without a jury."
The decision that she could sit was "wrong in point of law and fatally flawed", he added.The decision that she could sit was "wrong in point of law and fatally flawed", he added.
She cannot sit. If she can, she should not. If she does, she must not sit without a jury Michael Beloff QC, lawyer for Mohamed Al FayedShe cannot sit. If she can, she should not. If she does, she must not sit without a jury Michael Beloff QC, lawyer for Mohamed Al Fayed
Mr Beloff said Lady Butler-Sloss had held high judicial office as a member of the Court of Appeal and President of the Family Division of the High Court, and no-one was impugning her integrity or her competence.Mr Beloff said Lady Butler-Sloss had held high judicial office as a member of the Court of Appeal and President of the Family Division of the High Court, and no-one was impugning her integrity or her competence.
But she should withdraw from the inquests because, if she sat as the deputy coroner of the Queen's Household, there would be the perception that she lacked independence, said Mr Beloff.But she should withdraw from the inquests because, if she sat as the deputy coroner of the Queen's Household, there would be the perception that she lacked independence, said Mr Beloff.
Replying to the suggestion that she might be able to sit as the assistant deputy coroner for Surrey, Mr Beloff argued that the case had now reached a stage where "it would now not seem appropriate for Baroness Butler-Sloss to continue at all".Replying to the suggestion that she might be able to sit as the assistant deputy coroner for Surrey, Mr Beloff argued that the case had now reached a stage where "it would now not seem appropriate for Baroness Butler-Sloss to continue at all".
PaparazziPaparazzi
Mr Beloff said a jury was needed because the princess and Dodi Al Fayed were being pursued by paparazzi photographers when they crashed and a jury could make recommendations to help prevent such incidents in future.Mr Beloff said a jury was needed because the princess and Dodi Al Fayed were being pursued by paparazzi photographers when they crashed and a jury could make recommendations to help prevent such incidents in future.
He said: "We respectfully submit that it is quite clear this is, alas, a recurrent problem in contemporary society.He said: "We respectfully submit that it is quite clear this is, alas, a recurrent problem in contemporary society.
"There are those who have in recent months - in particular in regard to Miss Kate Middleton, who has a relationship with Prince William - said there is an eerie similarity in the way in which the paparazzi are now hounding this young lady and the way in which they hounded the late Princess Diana.""There are those who have in recent months - in particular in regard to Miss Kate Middleton, who has a relationship with Prince William - said there is an eerie similarity in the way in which the paparazzi are now hounding this young lady and the way in which they hounded the late Princess Diana."
Lady Butler-Sloss has said she wants the full inquests to start in May and has appealed for any attempts to challenge her decision to be made promptly.Lady Butler-Sloss has said she wants the full inquests to start in May and has appealed for any attempts to challenge her decision to be made promptly.
It is expected that the three judges hearing Mr Al Fayed's challenge - Lady Justice Smith, Mr Justice Collins and Mr Justice Silber - will give their decision by the end of the week.It is expected that the three judges hearing Mr Al Fayed's challenge - Lady Justice Smith, Mr Justice Collins and Mr Justice Silber - will give their decision by the end of the week.
I just want to find the truth - who murdered my son Mohamed Al FayedI just want to find the truth - who murdered my son Mohamed Al Fayed
Lady Justice Smith queried the need for a jury to hear the facts of the case.
"Why does it require a jury to reach the conclusion that the chasing of a car containing celebrities by paparazzi is dangerous and might lead to their deaths and perhaps something should be done about it?" she asked.
"What is the role of a jury as opposed to a coroner in reaching that conclusion?"
Mr Beloff said the case brought into effect a legal requirement that juries should be empanelled in certain circumstances and also pointed to potential risks to celebrities and bystanders in future from the conduct of the paparazzi.
But Mr Justice Collins said that Mr Beloff relied on principles dating from 1887, when the use of juries was standard. The court head how this had ceased to be the case in 1926.
Prince William and Prince Harry have said previously that they want the inquest to be prompt, fair and transparent and to put an end to the conspiracy theories surrounding their mother's death.Prince William and Prince Harry have said previously that they want the inquest to be prompt, fair and transparent and to put an end to the conspiracy theories surrounding their mother's death.
A three-year inquiry, led by former Metropolitan Police chief Lord Stevens, found no evidence of a conspiracy to murder them.A three-year inquiry, led by former Metropolitan Police chief Lord Stevens, found no evidence of a conspiracy to murder them.
But speaking outside court, Mr Al Fayed said: "I just want to find the truth - who murdered my son."But speaking outside court, Mr Al Fayed said: "I just want to find the truth - who murdered my son."