Report

[Pages:871]The Operation Paget inquiry report into the allegation of conspiracy to murder

Diana, Princess of Wales and Emad El-Din Mohamed Abdel Moneim Fayed

Report

INDEX

Chapter One Chapter Two Chapter Three Chapter Four Chapter Five Chapter Six Chapter Seven Chapter Eight Chapter Nine Chapter Ten Chapter Eleven Chapter Twelve Chapter Thirteen Chapter Fourteen Chapter Fifteen Chapter Sixteen

Introduction

Relationship / Engagement / Pregnancy

Perceived Threats To The Princess Of Wales

Actions Of The Paparazzi In Paris

Henri Paul - Ritz Security Officer And Driver Of The Mercedes Car

CCTV / Traffic Cameras In Paris

Mercedes Car

Blocking Vehicles / Unidentified Vehicles / Bright Flashes (The Journey To The Alma Underpass)

Post-Crash Medical Treatment Of The Princess Of Wales

The Embalming Of The Body Of The Princess Of Wales At The Piti?-Salp?tri?re Hospital

Actions Of The French Authorities

Actions Of The Foreign & Commonwealth Office / British Embassy, Paris

British Authorities' Actions With Regard To `Suspicious Deaths'

Bodyguards Of Mohamed Al Fayed (Trevor Rees-Jones, Kieran Wingfield And Reuben Murrell)

`James' Andanson ? French Photojournalist And Owner Of A White Fiat Uno

Central Intelligence Agency / National Security Agency, USA

The Secret Intelligence Service And The Security Service

INTRODUCTION

This police report documents the findings of the criminal investigation into an allegation made by Mohamed Al Fayed of conspiracy to murder the Princess of Wales and his son Dodi Al Fayed.

The Coroner of the Queen's Household and H.M. Coroner for Surrey, Michael Burgess, also requested this investigation by the Metropolitan Police Service (MPS) to help him decide whether such matters would fall within the scope of the investigation carried out at the inquests. (Coroner's remarks at the opening of the inquests, 6 January 2004.)

The opening of the inquests had been delayed until then because of ongoing legal proceedings in France.

A further report (commonly referred to as the `Coroner's report') will be prepared by police specifically for the inquest process.

An inquest is an inquiry intended to produce a formal answer to four questions:

(i) Who the deceased was.

(ii) When he/she came by his/her death.

(iii) Where he/she came by his/her death.

(iv) How he/she came by his/her death.

The police crime investigation will, as is usual practice, remain open until the conclusion of any inquest or other judicial process. Operation Paget will take account of evidence given at, or provided in connection with, any hearing.

Background

On Saturday 30 August 1997, the Princess of Wales arrived in Paris with Emad ElDin Mohamed Abdel Moneim Fayed (Dodi Al Fayed), the son of Mohamed Al Fayed. They had stopped there en route to London, having spent the preceding nine days together on board Mohamed Al Fayed's yacht, the `Jonikal', on the French and Italian Riviera. They had intended to stay overnight.

Mohamed Al Fayed was and is the owner of the Ritz Hotel in Place Vend?me, Paris. He also owned an apartment in rue Ars?ne Houssaye, a short distance from the hotel and located just off the avenue des Champs-Elys?es.

At around 12.20am on Sunday 31 August 1997, the Princess of Wales and Dodi Al Fayed left the Ritz Hotel to return to the apartment in rue Ars?ne Houssaye. They were the rear passengers in a Mercedes S280 car driven by Henri Paul, the Acting Head of Security at the Ritz Hotel. Trevor Rees-Jones, Dodi Al Fayed's bodyguard, was in the front passenger seat.

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INTRODUCTION

They left from the rear of the hotel, the rue Cambon exit. After crossing the Place de la Concorde they drove along Cours la Reine and Cours Albert 1er (the embankment road running parallel to the River Seine) into the Place de l'Alma underpass.

The Mercedes collided with the thirteenth central pillar in the underpass. Dodi Al Fayed and Henri Paul died at the scene. Both were taken directly to the Institut M?dico-L?gal (IML), the Paris mortuary, not to a hospital. The Princess of Wales, who was seriously injured but still alive after the impact, was taken by the emergency services to Piti?-Salp?tri?re Hospital in Paris. Trevor Rees-Jones survived the impact with very serious injuries. He also was taken to the same hospital as the Princess of Wales for emergency treatment. At around 4am, following emergency surgery, the Princess of Wales died.

None of the occupants of the car was wearing a seat belt at the time of the impact.

The Investigation by the French Authorities

The French authorities carried out an investigation into the crash within their own legal and investigative framework. An official of the Paris Public Prosecutor's Department went to the scene of the crash to take control of the initial investigation. This is not uncommon in France. She tasked the Brigade Criminelle section of the Paris Police with the immediate investigation. Seven `paparazzi' present at the scene were arrested.

The Public Prosecutor's Department asked, on Tuesday 2 September 1997, for these paparazzi to be investigated for failure to render assistance to persons in danger (a specific imprisonable offence in France) and for `unnamed persons' to be investigated for involuntary manslaughter and injury. `Unnamed persons' is a term used in France when an investigation is opened with no specific, named suspects. On 4 September 1997 another three paparazzi reported to the Brigade Criminelle. They were investigated for the same offences.

Following the Public Prosecutor's request for an investigation, an Examining Magistrate, Judge Herv? St?phan, was appointed to the case. The complexity of the case led to a second Examining Magistrate, Marie-Christine Devidal, being appointed to assist. Under the system of criminal justice in France, Herv? St?phan was responsible for the direction of the investigation and his authority was needed for any action to be taken. This `inquisitorial' system differs from the `adversarial' system of criminal justice in this country where the police are, in the main, responsible for directing and carrying out a criminal investigation.

Judge St?phan's investigation `attempted to define as fully as possible the sequence of events with a view to determining, at its conclusion, the legal ramifications of any possible liability.'

He concluded that there was insufficient evidence against the paparazzi photographers in respect of the offences then being investigated of involuntary manslaughter, injury causing a total incapacity for work in excess of three months and failing to render assistance to persons in danger.

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INTRODUCTION

He further concluded there was insufficient evidence against any person for the offences of involuntary manslaughter, injury causing a total incapacity for work in excess of three months or for endangering the life of another.

Finally he stated that the offences investigated were not covered under any other (French) criminal legislation. He circulated these conclusions in a `Notice of Dismissal' dated 3 September 1999.

A number of legal challenges to the investigation and its conclusions were instigated in France. Some of these continue to this day.

Response of the United Kingdom Authorities

The crash and the three resulting deaths had occurred in France. It was therefore a matter for the French authorities to investigate, even though two of those who died were not French citzens. From the outset, the Metropolitan Police Service (MPS) acted in a liaison role with the French authorities on behalf of the respective Coroners in England who would be holding inquests into the deaths. Any enquiries carried out by police in the United Kingdom were solely on behalf of the French investigating authorities.

Dr John Burton, Coroner of the Queen's Household, assumed responsibility for the body of the Princess of Wales. Michael Burgess, H.M. Coroner for Surrey (and then Deputy Coroner of the Queen's Household) assumed responsibility for the body of Dodi Al Fayed, as he would be laid to rest in the County of Surrey.

As a result of ill health Dr Burton retired in 2002 and Michael Burgess took over the role of Coroner of the Queen's Household whilst retaining his role as H.M. Coroner for Surrey.

In July 2003, solicitors acting on behalf of Mohamed Al Fayed wrote to Michael Burgess. They stated that the criminal proceedings over which Judge Herv? St?phan presided had now concluded, following decisions in the Appeal Court in Paris in April 2003. They urged Michael Burgess on behalf of their client to open the inquests and to ensure that in respect of Dodi Al Fayed `there is a proper investigation into his death.' The letter contained details of the different strands within the allegation made by Mohamed Al Fayed to support his view that the crash was not an accident but murder and that this murder was the result of a conspiracy by the `Establishment' and particularly HRH Prince Philip, who used the `Security Services' to carry it out.

Michael Burgess informed the MPS of this correspondence and the associated allegation and supporting claims. The MPS was continuing to act as liaison with the French authorities. The MPS considered the status of this allegation in the United Kingdom and its possible effect on the French investigation and conclusions. The French authorities were informed of the detail of the allegation and their view was sought as to whether they wished to deal with the allegation. They declined to re-open their investigation into the events of the crash.

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INTRODUCTION

On 6 January 2004, Michael Burgess officially opened the Inquests into the deaths of the Princess of Wales and Dodi Al Fayed. He stated:

`I am aware that there is speculation that these deaths were not the result of a sad, but relatively straight forward, road traffic accident in Paris. I have asked the Metropolitan Police Commissioner to make inquiries. The results of these inquiries will help me to decide whether such matters will fall within the scope of the investigation carried out at the inquests.'

Terms of Reference for Operation Paget

On 15 January 2004, the Coroner and the then Commissioner of the Metropolitan Police Service, Sir John Stevens, now Lord Stevens of Kirkwhelpington, agreed the following terms of reference for Operation Paget.

? To liaise with the French authorities in relation to the deaths of the Princess of Wales and Dodi Fayed and in doing so identify any investigative opportunities that the Coroner may wish to address with the French authorities. In order to assist the Coroner to achieve the above a comparative standard will be compiled in relation to lines of enquiry, technical analysis, witnesses and any other aspect of the enquiry the Coroner identifies to enable him to achieve his responsibilities to confirm the information provided by the French witnesses

? To assist with lines of enquiry in the United Kingdom as identified by the Coroner

? To identify allegations which would suggest that the deaths of the Princess of Wales and Dodi Al Fayed were caused other than as a result of a tragic road traffic accident and assess whether there is any credible evidence to support such assertions and report the same to the Coroner

The primary purpose of Operation Paget was to assess any credible evidence that supported the allegation of conspiracy to murder, not to re-investigate the issues looked at by the French investigation.

The British Police Crime Investigation (Operation Paget)

Detailed consideration of the conspiracy allegation made by Mohamed Al Fayed led the MPS to determine that a criminal investigation should be conducted. Although the crash and the deaths occurred within French jurisdiction, any alleged offence of conspiracy was primarily based in the United Kingdom and the allegation came under that jurisdiction.

The French authorities agreed to support the Coroner by allowing special operating procedures in relation to International Letters of Request (ILoR) due to the volume of enquiries anticipated.

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INTRODUCTION

The French `Judicial Dossier' (case file) contains statements of witnesses, police reports, expert reports and judicial orders created during the French investigation. It is the property of the French authorities and remains so. However, following the opening of the inquests in England in January 2004 they gave permission for the Coroner, and on his behalf the police, to use the dossier in support of the British criminal investigation even though legal appeals were still continuing in France.

This was possible because the French investigation had looked at the circumstances surrounding the crash and was aimed, in Judge Herv? St?phan's words, at `determining the legal ramifications of any possible liability.' The conspiracy allegation is much wider in terms of breadth and timescale over which suspicious activity is alleged to have taken place. Operation Paget has used the content of the French judicial dossier as the foundation for understanding the immediate events around the Alma underpass.

Where new techniques, or developed knowledge, allows that content to be enhanced Operation Paget has tried to do so. This is particularly so with regard to the `collision reconstruction' techniques used at the scene. A significant element of the work undertaken by Operation Paget in assessing the conspiracy allegation was different from the French investigation into the crash.

The Conspiracy Allegation

Mohamed Al Fayed has made a principal crime allegation, supplemented by numerous linked claims and assertions. In essence Mohamed Al Fayed's allegation is that the `Security Services' (unless otherwise specified, this is taken to be the Secret Intelligence Service (SIS) - commonly known as MI6) acting at the behest of HRH Prince Philip, arranged for or carried out the murder of Dodi Al Fayed and the Princess of Wales. The alleged motive was that the Princess of Wales was pregnant with Dodi Al Fayed's child and there was to be an imminent announcement of their engagement. It is suggested by Mohamed Al Fayed that the Royal Family `could not accept that an Egyptian Muslim could eventually be the stepfather of the future King of England'.

It is alleged that the Security Services of the United Kingdom covertly obtained the information concerning pregnancy and engagement, with or without the co-operation of overseas agencies, precipitating the need to put into operation a plan to murder them. Mohamed Al Fayed further alleges there was a cover-up by the `Establishment' to prevent the conspiracy and murders from coming to light.

Sequence of Events

This is an overview of events to assist in placing the relationship of the Princess of Wales and Dodi Al Fayed into context and understanding, in broad terms, how they came to be at the Alma underpass at 12.23am on Sunday 31 August 1997.

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INTRODUCTION

It should first be explained that in 1994, at her request, official personal protection had been removed from the Princess of Wales. She wanted less intrusion into her private life. Until then, the MPS `Specialist Operations' Command had routinely provided protection to her as a senior member of the Royal Family. From 1994 onwards she received such protection only if she was on an official visit that warranted such security or if members of the Royal Family who warranted protection in their own right, most obviously her sons, accompanied her.

Meeting on Holiday

On Friday 11 July 1997 the Princess of Wales and her two sons, HRH Prince William and HRH Prince Harry, commenced a holiday in St Tropez. They were guests at the home of Mohamed Al Fayed. He had known the Princess of Wales previously, but this was the first time she had taken up his invitation of a summer holiday. The Princess of Wales had made it known to friends that she wanted to spend time with her sons in a secure environment and she knew that Mohamed Al Fayed had his own security team.

Personal Protection Officers (PPO) from New Scotland Yard accompanied the Royal Princes and worked with Mohamed Al Fayed's security team in St Tropez during this holiday.

It was during the day of Monday 14 July 1997 that the Princess of Wales told the press "You will get a big surprise with the next thing I do". It was also during this holiday that a photograph was taken of the Princess of Wales in a leopard print swimsuit, following which some newspapers ran a story that the picture might be an indication of pregnancy.

Dodi Al Fayed, the eldest son of Mohamed Al Fayed, joined the family holiday on the evening of Monday 14 July 1997.

There is evidence in comments that the Princess of Wales made to friends on her return that she enjoyed this holiday. She flew back to England with her sons on Sunday 20 July 1997. Dodi Al Fayed remained in St Tropez.

The Princess of Wales and Dodi Al Fayed continued to spend time together. They spent the weekend of 26 July 1997 together in Paris. This visit attracted almost no media attention. The couple's chauffeur said that they walked relatively freely in Paris without interference from the media or public.

On their return to England the couple continued to spend time together and on Thursday 31 July 1997 they flew to Nice and holidayed together on the French and Italian Riviera aboard Mohamed Al Fayed's yacht, the `Jonikal'. It was during this trip that the famous `kiss' photograph was taken by the Italian photographer, Mario Brenna. Not only did this photograph appear to draw media attention to the couple, it is believed that the amount of money reportedly earned by Brenna focused the attention of the paparazzi.

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