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Michael Mansfield QC, for Mr Fayed, criticised the timing of Lord Stevens's report into the crash, arguing that it had given the impression that the Diana case was now closed. "The public, as well as national and international media, have regarded what is printed in the report as the final and the official verdict."
Edmund Lawson, for the Metropolitan police, hit back at Mr Mansfield's "substantial public criticisms" and said appropriate legal advice had been taken. "The commissioner stands by the decision to publish the report," he said. "It was not a decision taken lightly."
Lady Butler-Sloss was later forced to address the suggestion that there might be a perception of bias over her role in presiding over the inquest. Richard Keen QC, counsel for Paul's parents, suggested that she might be associated with the conclusions of the Stevens report. But Lady Butler-Sloss said that just because she had agreed to the publication of the report it did not mean she was parti pris to its findings. "I don't know whether its conclusions are right or not," she said. "I haven't heard the inquest."
.
Anti clarifies all of this by explaining that which is still enshrined in English law, and how the deceptions are played.
"This particular phase of my life is the most dangerous - my husband is planning 'an accident' in my car, brake failure & serious head injury in order to make the path clear for him to marry."
In other words instead of serving the inquest, they have become a party to the dispute, fighting their corner, defending their interests against "substantial public criticisms", pissing away our money on Edmund Lawson.
It's our money. So what "appropriate legal advice had been taken"? Where does it say you can substitute a freelance investigation for the official Coroner's report? Are we not talking Treason Felony Act here, that law which makes felony any resistance to the will of The Queen?*
14 January 2007 11:34
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Cash for honours row over legal advice to civil servants
By Marie Woolf, Political Editor
Published: 14 January 2007
Government lawyers have provided legal advice to officials during the cash for honours affair, prompting accusations of a serious conflict of interest.
The Independent on Sunday has learned that lawyers from the Treasury solicitors department have scrutinised the law on the abuse of honours and even taken outside advice from leading barristers.
The involvement of government lawyers, who are accountable to the Attorney General, during the police inquiry is controversial because the Attorney General will play a key role in deciding whether the case should go to court. The revelation will also raise fresh questions about why the lawyers were called in on a Labour Party matter.
Senior Whitehall sources said that Edmund Lawson QC, a senior criminal barrister specialising in fraud, was among those asked for his professional advice by the government lawyers after the police launched their investigation into cash for honours. Mr Lawson refused to comment. But one well-placed Whitehall source said: "The Treasury solicitors were looking at this early on and were unsure of a point of law. They sought Edmund Lawson's advice."
The revelation, previously denied by Whitehall, will prove embarrassing to the Government. The Labour Party has now brought in outside legal advisers to officials, including some of Tony Blair's closest aides. Lord Oakeshott of Seagrove Bay, a Liberal Democrat peer, is to table parliamentary questions about the involvement of government lawyers in the affair. "Why was taxpayers' money used to give legal advice which could benefit the Labour Party?" he asked.
The news comes as the police reached the final stages of the investigation and are expected to pass a file of evidence to the Crown Prosecution Service by the end of the month.
In a measure of how seriously the CPS is taking the inquiry it has now hired a second barrister to act on the case. David Perry QC, the senior counsel in the case will now be joined by Robin McCoubrey a criminal barrister who will decide whether there is enough evidence to prosecute.
This week Sir Alistair Graham, the standards watchdog, is expected to call for greater transparency in political parties' declarations of loans in a report on the electoral commission.
Judge rules out jury for Diana hearing
The inquests into the death of Princess Diana and Dodi Al Fayed will not be heard by a jury, it was announced yesterday. Lady Butler-Sloss, who was brought out of retirement to conduct the hearings, said she would sit alone in the high court in London as the deputy royal coroner. She rejected arguments made last week, including those from Dodi's father, Mohamed Al Fayed, for a jury. At a preliminary hearing last week she ruled out a jury of members of the royal household. She said intense media interest meant a "reasoned decision" from a coroner was preferable to using a jury.
Decision 9
105. I shall take the necessary steps as assistant deputy Coroner to Surrey under section 14 to request the transfer of the inquest of Dodi Al Fayed from Surrey to the Royal Household. As deputy Coroner of the Queen’s Household I shall consent to that transfer. I shall make the transfer before the proposed hearing in early March.
THE RT HON BARONESS BUTLER-SLOSS, GBE
Deputy Coroner of the Queen’s Household and Assistant Deputy Coroner for Surrey
In the matter of the Inquest into the death of Diana, Princess of Wales
Interested Persons:
The Hon Lady Sarah McCorquodale (Executor and on behalf of the Spencer Family)
Not represented
Major Jamie Lowther-Pinkerton (On behalf of the Royal Princes)
Not represented
Mr Mohamed Al Fayed
Represented by Mr Michael Mansfield QC and Mr Patrick Roche (Instructed by Lewis Silkin LLP)
The Parents of M. Henri Paul
Represented by Mr Richard Keen QC(Instructed by Stuart Benson Solicitors)
President, The Ritz Hotel Paris
Represented by Mr Ian Croxford QC(Instructed by Barlow Lyde and Gilbert
Solicitors)
Mr Trevor Rees
Represented by Mr Ian Lucas MP (Stevens Lucas Solicitors)
The Commissioner of Police of the Metropolis
Represented by Mr Edmund Lawson QC (Instructed by Mr Naz Saleh, Metropolitan Police Directorate of Legal Services)
Sir John Nutting QC and The Hon Hugo Keith appeared for the Attorney General
(Instructed by the Treasury Solicitor)
Mr Ian Burnett QC appeared as Amicus
(Instructed by the Deputy Coroner of the Queen’s Household)
Decision 5
45. I shall not summons a jury of officers of the Queen’s Household.
Submissions of Mr Lawson QC
46. Mr Lawson made short submissions. He informed me that the Commissioner wished to be an interested person in both the inquests. Mr Lawson understood from his solicitors who had been in the New Cross inquests, that the documentation in the present inquests was actually greater than in the New Cross inquests.
47. Mr Lawson also expressed concern about the substantial public criticisms made by Mr Mansfield of the decision to publish the Stevens Report in the form in which it was published indicating or at least alleging that the Report had led to a serious risk of jury prejudice. Mr Lawson also pointed out this had been said without the appropriate notice being given and asked that in future appropriate notice should be given.
Mr Lawson understood from his solicitors who had been in the New Cross inquests, that the documentation in the present inquests was actually greater than in the New Cross inquests.
Royal coroner resigns Diana inquest after FOIA revelation shows he had no jurisdiction
4.07.06
Coroner Michael Burgess resigned from the inquest into the death of Diana, princess of Wales, hours after the government admitted that he had no jurisdiction.
He was carrying out the inquest in his role as “coroner for the Queen’s household” after his predecessor, the late Dr John Burton, had assumed responsibility for the Diana inquest on a false basis.
The department for constitutional affairs (DCA) finally admitted, following a request under the freedom of information act (FOIA) for material relating to the choice of coroner, that Burton made a mistake when he assumed this responsibility.
The false claim of jurisdiction for the coroner for the Queen’s household is crucial because it enables, exceptionally, the jury to be made up entirely of royal staff members. The prospect of such a jury raised questions about the independence of the inquest.
The official reason given for Burgess’s resignation on Friday was his “heavy and constant” workload as the coroner for Surrey.
In his role as Surrey coroner, Burgess was conducting a separate inquest into the death of Dodi Al Fayed, who was buried in his district after dying with Diana in the infamous road crash in Paris in 1997. Burgess also resigned from conducting that inquest on Friday.
He is understood to have complained privately about pressure over his conduct of the two inquests from royal aides, the government and Dodi’s father, Mohamed.
Some six months after receiving the FOIA request, and after granting itself ten extensions to the 20-day statutory limit to supply the material sought, the DCA finally released its reply on Friday making the admission that the royal coroner was carrying out the Diana inquest on a false basis.
Hours later, Burgess announced his resignation from both inquests.
In its reply, the DCA’s head of current coroner policy, Judith Bernstein, says: “The body of Diana, Princess of Wales, was repatriated in the course of the early evening of August 31, 1997 to RAF Northolt in the district of the then West London coroner, the late Dr John Burton.
“Dr Burton arranged for a post-mortem examin-ation to be held at the public mortuary within his West London district at Fulham. The body of Diana, Princess of Wales, was taken after the post-mortem examination to lie in the Chapel Royal, St James’s Palace within the jurisdiction of the coroner for the Queen’s household.
“At that time, Dr Burton understood the body of Diana, Princess of Wales, would be buried in Windsor Castle or its grounds which are also part of the district for the coroner of the Queen’s household.
“However, there is no evidence to support Dr Burton’s understanding, and as Dr Burton is no longer alive, there is no way of clarifying his reasoning on this point. Dr Burton therefore transferred jurisdiction to himself… in his capacity as coroner of the Queen’s household.”
Bernstein adds that Burton, who died in 2004, retired as West London coroner in 2000, but remained as royal coroner until 2002. Burgess, who was already Surrey coroner, took over the role as royal coroner.
The DCA also released a home office circular to coroners from 1983, which sets out the procedure that determines which coroner has jurisdiction for a British citizen who dies a violent, unnatural or sudden death abroad.
It makes clear that the choice of coroner depends on either the body’s point of entry into the UK or where it “lies”.
This suggests that Burton, or his successor, as coroner for the district containing RAF Northolt had a duty to carry out the Diana inquest. In the current circumstances, where this has not happened, the inquest should be carried out by the coroner whose district includes the Althorp estate, where Diana was buried.
The established procedure has flexibility to allow, for example, an inquest to be carried out in the district where the body lies, instead of the point of entry into the UK, to enable it be conducted near where the relatives live. Alternatively, if more than one Briton has died in the same incident, a joint inquest can be carried out in the district where the bodies entered the UK.
Newspapers often wrongly assume that the royal coroner has responsibility because Diana was a member of the royal family. This is wrong because, first, she was no longer a member of the royal family at the time of her death and, second, even if she were, it is not in itself a relevant factor in determining which coroner has jurisdiction.
The royal coroner might, however, have respons-ibility to conduct an inquest where a body lies in his “district”, such as in Windsor Castle, which would generally apply to members of the royal family.
Burgess opened the Diana and Dodi inquests in 2004 and adjourned them to a date to be fixed.
Friday’s resignation of Burgess from those inquests comes a month before he was due to receive the report of an investigation by the metropolitan police into Diana's death.
The inquest was expected to be held next year, but may be further delayed as a replacement coroner is found.
Burgess has suggested that the lord chancellor appoint a “senior judicial figure”, such as a retired high court judge, to become his deputy in order to conduct the inquests, although this would also not be in line with the established procedure for selecting a coroner.
28. In a later short submission Mr Mansfield explained why there had not been an earlier challenge to the decision of Dr Burton and reminded me of the reluctance of Dr Burton to recognise that his client was an interested person in the Diana, Princess of Wales proceedings. With concurrent inquests that point was now irrelevant but in 2004, after an opinion from counsel, the present coroner still did not recognise Mohamed al Fayed as an interested person so Mr Al Fayed was unable to take the issue of jurisdiction any further at the opening of the inquest in to the death of the Princess.
Decision 3
32. I am satisfied that I have the jurisdiction to transfer the hearing of the inquest into the death of Diana, Princess of Wales from the Royal Household to Surrey.
33. Mr Mansfield suggested that Diana, Princess of Wales was no longer a member of the Royal Family. I was informed by Sir John Nutting that the suggestion was incorrect and that the Queen had announced, in a news release on the 28th August 1996, that Diana, Princess of Wales would continue to be regarded as a member of the Royal Household.
Decision 4
34. I am satisfied that at her death, Diana Princess of Wales continued to be considered as a member of the Royal Household.
Interested Persons:
The Hon Lady Sarah McCorquodale (Executor and on behalf of the Spencer Family)
Not represented
snip
3. Prior to hearing submissions I read out two letters. The first was from the Major
Lowther-Pinkerton, Private Secretary to Prince William and Prince Harry. On their
behalf, he expressed no view on the legal and procedural issues. He wrote and I quote
“The Princes have asked me to indicate that it is their desire that the inquest should
not only be open, fair and transparent, but that it should also move swiftly to a
conclusion.”
A letter from Lady Sarah McCorquodale supported the letter written on behalf of the Princes.
What's new
17 January 2007
Pre-inquest hearing set for the 5th March 2007
Date Nature of Proceedings Location Time
5 March 2007 Pre-inquest hearing Court 73, Royal Courts of Justice, Strand, London WC2A 2LL 10am
8 January 2007 Pre-inquest meeting Court 4, Royal Courts of Justice, Strand, London WC2A 2LL 10am
preliminary
adjective
the discussions are still at a preliminary stage preparatory, introductory, initial, opening, prefatory, precursory; early, exploratory. antonym final.
pre- |pri?| |pri|
prefix
before (in time, place, order, degree, or importance)
Fayed challenges judge's decision to hold Diana hearings in private
By Joshua Rozenberg, Legal Editor
Last Updated: 1:52am GMT 01/12/2006
Secret inquest hearings into the death of Diana, Princess of Wales are planned for next month, it emerged last night.
**************
Lady Butler-Sloss, the retired senior judge who will sit as the coroner, wants to hold preliminary hearings on Jan 8 and 9 without the press or public present.
*****************
At a preliminary hearing, the coroner would normally set a timetable and decide who should be legally represented at the hearing.
********
Section 17 of the Coroners Rules requires inquests to take place in public unless it would be in the interests of national security for the public to be excluded. But the Department for Constitutional Affairs said there was "no statutory requirement for pre-inquest hearings to be held in public."
The problem facing Lady Butler-Sloss is that the inquest into the princess's death was opened and adjourned by Mr Burgess in January 2004. If next month's proceedings are to be regarded as a continuation of that inquest, it would follow that they should be held in public.
6.15pm
Diana pre-inquest hearing to be public
Jason Deans
Thursday December 7, 2006
MediaGuardian.co.uk
The former senior judge overseeing the inquest into the death of Diana, Princess of Wales today backed down over plans to hold the preliminary hearings in private.
Lady Butler-Sloss, the former president of the high court family division who will act as coroner for the Diana inquest, has now decided to hold the meetings scheduled for early January in public.
A spokesman for the judicial communications office said she had been persuaded to change her mind because of public interest in the case.
The preliminary hearings will be held nearly 10 years after Diana was killed in a Paris car crash.
What's new
17 January 2007
Pre-inquest hearing set for the 5th March 2007
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