Fayed wins right to have Princess Diana inquest heard by jury as coroner's ruling overturned

· High court says hearing must be 'above reproach'
· Conspiracy allegation could be examined
The royal family's desire to end the decade long controversy over the death of Princess Diana foundered again yesterday after the high court ruled the inquest must be heard by a jury.

The ruling overturned a decision by the deputy royal coroner Baroness Butler-Sloss that she would sit alone for the hearing. Her decision was challenged by Mohamed Al Fayed , whose son Dodi, was killed alongside the princess when their car crashed in Paris at high speed while their driver had twice the legal alcohol limit in his blood.

The high court's decision makes it more likely that the inquest will examine Mr Fayed's allegation that senior royals had mounted a conspiracy to cause the 1997 crash. A three-year-long British police inquiry concluded last year that the deaths were an accident.

Lady Justice Smith, handing down the ruling, said: "Mr Fayed has alleged that the Duke of Edinburgh and the security services conspired to kill the princess and Dodi Fayed. The allegation must be inquired into. We want to be sure that the jury are an independent jury."

The judges heard arguments that an inquest would attract worldwide attention and that the perception of a cover up would be minimised by having a jury.

Lady Justice Smith, sitting with Mr Justice Collins and Mr Justice Silber, said: "As this inquest will attract worldwide interest it must be seen on a worldwide basis to be above reproach in all respects even by people looking at it from a very, very long way away."

Yesterday the three senior judges ruled that the coroner was legally obliged under the 1988 Coroners Act to sit with a jury because recommendations could be made to reduce the danger posed to royals, celebrities and members of the public by photographers pursuing them.

During the hearing of Mr Fayed's application the judges were told there was an "eerie similarity" between the paparazzi pursuit of the princess and their recent "hounding" of her son Prince William's girlfriend Kate Middleton.

The judges said: "It is likely that there will be a recurrence of the type of event in which the paparazzi on wheels pursued the princess and Dodi Al Fayed." A coroner and jury can make recommendations aimed at preventing future deaths.

Outside court Mr Fayed called for Prince Charles and the Duke of Edinburgh to be called as witnesses. Such a demand makes further legal battles before an inquest is held likely.


"I have already had to fight for almost 10 years to establish once and for all how they died, why they died, who ordered their murders and who slaughtered them with such awful brutality."

Mr Fayed refuses to accept the deaths of his 42-year-old son and Princess Diana, 36, were accidental.

A British police investigation headed by former Metropolitan police commissioner Lord Stevens dismissed Mr Fayed's claims of a murder conspiracy, concluding the death was a "tragic accident".

It found the Mercedes, driven by chauffeur Henri Paul, was travelling at 61mph to 63mph, about twice the speed limit, when it hit the 13th pillar in the underpass.

Lord Stevens' report found that Paul had a blood alcohol level of around twice the British drink-drive limit at the time of the crash. He had not been expecting to have to drive the couple that evening.

Prince William and Prince Harry have written to the coroner through their private secretary to say that they wish the inquest to be prompt, fair and transparent. It is due to start in May.

Paul Knapman, coroner for Westminster, is to accept jurisdiction for the inquests but will appoint Baroness Butler-Sloss as assistant deputy coroner to hear the case, Westminster city council said.

Deborah Coles, of the group Inquest, said: "This ruling reinforces the importance of juries in contentious cases and also that juries can help in an exploration of the reasons that led to a death and provide lessons to prevent other fatalities."

Media and human rights lawyer Mark Stephens said Mr Fayed had more chance of his claims of a conspiracy being supported by a jury hearing the case rather than a coroner sitting alone.

"He [Mr Fayed] believes that there is an establishment stitch-up going on and in the face of that, or the belief of it, he wants a jury. I think if we look at the research of members of the public, without any good reason there is quite a number of people who believe the conspiracy theories rather than that these things just happen."

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