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Jurors begin deliberating in Diana case after


Eleven jurors have begun deliberating about who, if anyone, was responsible for the death of Princess Diana — the subject of official investigations, books, documentaries and speculation for more than a decade.

The jury's first task, following six months of testimony, is to decide whether French investigators basically got it right within days of her death on Aug. 31, 1997, when they concluded that her speeding driver, Henri Paul, was drunk.

The second issue for the six women and five men is whether the paparazzi who chased the princess around Paris bear a heavy responsibility for her death and the death of her boyfriend Dodi Fayed.

"You may wish to consider whether the conduct of any individual after the crash demonstrates a deliberate disregard for the lives of the others in pursuit of a picture," said the coroner, Lord Justice Scott Baker.

They could also decide that the photographers and Paul both contributed to an unlawful death through reckless behavior that amounted to manslaughter. Or they could rule it a simple accident, or even find that the collision was staged by persons unknown.

"There is no pressure of time," said the coroner, Lord Justice Scott Baker. "Take as long as is necessary."

Court officials refused to speculate how long that might be.

Baker asked for unanimous verdicts on both deaths, though a majority verdict could be accepted if the jury deadlocks.

What the jury cannot consider is the claim relentlessly pursued by Fayed's father, Mohamed Al Fayed, that the couple were victims of a conspiracy led by Prince Philip, the husband of Queen Elizabeth II, and carried out by British secret agents.

"The conspiracy theory advanced by Mohamed Al Fayed has been minutely examined and shown to be without any substance," Baker said.

Any remaining evidence which might suggest a staged accident was not strong enough to support a verdict of unlawful killing, Baker said.

The issues in the deaths of Diana and Fayed are identical, with one exception: Al Fayed has claimed that deliberate delays in taking her to a hospital insured that she would not survive.

"There is no evidence that any of the doctors or members of the ambulance crew deliberately failed to do their best for Diana and very little evidence that if any different action had been taken, she would not have died," Baker said.

He told the jury to include medical treatment as a contributing cause to her death only if they are satisfied that medical staff failed to grasp lifesaving opportunities.

Baker also asked the jury to consider whether the couple's failure to buckle their seat belts was a contributing factor in their deaths. He has suggested that other contributory factors might include the driving of a slowing moving Fiat Uno car which the couple's Mercedes hit from behind an instant before the crash, and bright lights from photoflashes or other sources, the speed and manner of driving of the Mercedes.

Baker told jurors earlier in the week that "the most potent feature of the way in which the Mercedes was driven was its speed." It was also established that Paul had downed two double Ricards — equivalent to four shots of whiskey — in the hours before taking the wheel, though blood tests suggested he had consumed a lot more that evening. Paul's blood alcohol level was three times the French limit the night he died.

The Fiat Uno remained both a mystery and a proven fact. French police were never able to trace it, but experts said that debris at the crash scene and a streak of white paint on the Mercedes proved that there had been a glancing collision near the mouth of the tunnel.

The Mercedes was going over 60 mph (95 kph) or double the speed limit, experts concluded. They said skid marks indicated that Paul had begun losing control before entering the tunnel — perhaps in reaction to the Fiat, which was probably doing less than 40 mph (65 kph).

Diana and Dodi Fayed died barely six weeks after beginning a romance which, especially in the news doldrums of July and August, was a media sensation, inflamed by rumors of an impending engagement and even a pregnancy. The couple were pursued while sailing on Al Fayed's yacht, the Jonikal; they were followed in southern France, and the pursuit was even more frantic when they flew into Paris on Aug. 30, 1997.

Paparazzi followed them from the airport to Villa Windsor, the former home of the Duke and Duchess of Windsor, now owned by Al Fayed; then to the Ritz Hotel, owned by Al Fayed at the time. The photographers' attentions prompted Dodi Fayed to abort an attempt to go to the Chez Benoit bistro for dinner.

Returning to the Ritz Hotel, Dodi Fayed apparently concocted, or at least agreed to, a plan to outwit the paparazzi by sneaking out a back entrance while the regular limousine and backup car idled at the front.

His departure with Diana shortly after midnight was seen by at least three photographers, and the short, desperate chase was on, reaching its grisly end in the underpass.

Baker said the jury could attempt to identify photographers who may have been guilty of distracting or impeding the Mercedes, but he noted the difficulty of deciding which of the conflicting accounts of witnesses near the tunnel to believe.

"If you are able, on the evidence, to overcome that hurdle, you would then have to be sure that the relevant driving not only caused the accident, but was grossly, criminally negligent," Baker said.

Nine photographers were charged with manslaughter in France, but the charges were thrown out in 2002. Three of the photographers — Jacques Langevin, Christian Martinez and Fabrice Chassery — were convicted of invasion of privacy for taking pictures of the couple, and were each fined euro1 (US$1.57) in 2006.

___

On the Net: http://www.scottbaker-inquests.gov.uk

Copyright 2008 AP Features
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Author:ROBERT BARR
Publication:AP Features
Date:Apr 3, 2008
Words:981
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