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Last Updated: Tuesday, 24 June, 2003, 15:32 GMT 16:32 UK
Al Fayed wins Diana crash order
Dodi Al Fayed
Dodi Al Fayed: Formed relationship with princess
The businessman, Mohamed Al Fayed, has won the first round of a legal action to have a public inquiry into the death of his son in the car crash in which Princess Diana died.

A judge at the Court of Session in Edinburgh granted Mr Fayed an initial order in his challenge against the decision by the authorities in Scotland not to hold a public inquiry.

His counsel, Richard Keen QC, said: "It appears there are connections between the death (of Dodi) and a number of UK agencies, the activities of which can be considered by the courts of this jurisdiction."

Mr Al Fayed, who has a residence at Balnagown Castle, in Ross-shire, asked the former Scottish justice minister, Jim Wallace, for an inquiry but this was later turned down by Scotland's senior law officer.

Dodi Al Fayed and Princess Diana died in a high-speed crash in Paris on 31 August 1997.

Mr Al Fayed has maintained that the security services, particularly British organisations, are implicated in the events leading up to and surrounding the accident.

On August 30 1997, the petitioner's son had in fact purchased from Repossi, in the Place Vendome, a ring which he was to present to the princess
Mohamed Al Fayed's petition

His petition to the Court of Session - Scotland's supreme civil court - says that by August 1997, Dodi and the Princess of Wales had formed a close relationship.

"By August 30 1997, rumours were circulating among the media that the princess and the petitioner's son were on the point of announcing their engagement or that she might be pregnant," it goes on.

"On August 30 1997, the petitioner's son had in fact purchased from Repossi, in the Place Vendome, a ring which he was to present to the princess."

After midnight on 31 August, the couple left the Ritz Hotel to drive to a house owned by the Al Fayed family. They exited via a back door to avoid press photographers.

They were pursued by "a number of people, including paparazzi on motorbikes and in cars" and the Mercedes S280, driven by Henri Paul, crashed in the Alma tunnel.

The wrecked car in which Dodi and Diana were fatally injured
The wrecked car in which Dodi and Diana were fatally injured

Dodi and M. Paul died immediately, the princess later.

Mohamed Al Fayed submitted that when circumstances were taken together, it was indicative that his son's life was taken "as a result of the use of force" and an official inquiry should be held.

He said he had been informed that there were no recordings from about 10 video cameras on the route taken by the Mercedes.

The Harrods owner also said that eyewitnesses had spoken of seeing a "bright white flash" in the tunnel before the crash.

A former member of MI6 had given a sworn statement to a French investigating magistrate, describing a technique devised by British secret services of blinding the driver of a car in a tunnel by setting off a bright stroboscopic flash.

The judge, Lord Drummond Young confirmed that he had briefly read the petition to the court.

The memorial at Harrods to Princess Diana and Dodi
The memorial at Harrods to Princess Diana and Dodi

Mr Al Fayed's lawyers plan to challenge the decision to refuse an inquiry under Article Two of the European Convention on Human Rights.

Mr Keen said that had been interpretated as extending the right of next-of-kin to be properly informed where they may be "colourable grounds" for suspicion that death was unlawful or occurred by unlawful means.

Lord Drummond Young pointed out that the potential problem for the action was that death had occurred in France and Mr Al Fayed's lawyers would have to rely on his connection with Scotland.

The judge said it was certainly an application of "an unusual nature" but said he would grant the first order sought.

Mr Al Fayed's spokesman, Chester Stern, said: "All he wants to achieve is to have all the evidence and circumstances thoroughly investigated and aired in open court.

All his tax affairs are handled out of Scotland and his belief is that the Scottish legal system is more impartial and more fair
Chester Stern,
Spokesman for Mohamed Al Fayed

"His first home in Britain was Balnagown Castle which he still owns.

"Secondly, all his tax affairs are handled out of Scotland and his belief is that the Scottish legal system is more impartial and more fair."

A spokesman for the Crown Office said the decision not to hold a public inquiry into the deaths in Scotland earlier this year had been the right one.

"Neither was it felt that merely because Mr Fayed had a residence in Scotland that this would justify an investigation into deaths that occurred in another jurisdiction," he added.

Mr Al Fayed's petition will now be served on the Lord Advocate and the Advocate General for Scotland, Lynda Clark QC.

A hearing is expected to be fixed at a later date.




SEE ALSO:
Profile: Mohamed Al Fayed
29 Mar 03  |  England
Fayed joins Diana crash action
07 Aug 02  |  Europe


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