6 March 2008 - Morning session
1 Thursday, 6th March 2008
2 (10.00 am)
3 (Jury present)
4 LORD JUSTICE SCOTT BAKER: Mr Burnett, I think we begin by
5 reading the evidence of Mr Foley introducing certain
6 material with regard to Mr Burrell.
7 Members of the jury, this is being done in this way
8 because Mr Burrell is abroad. I have no power to compel
9 a witness to attend to give evidence who is abroad. He
10 refuses to return to give evidence and says that he is
11 not going to be in the United Kingdom in the near
12 future.
13 MR BURNETT: Sir, this is a statement of Thomas Foley dated
14 4th March 2008 producing a number of other documents.
15 Sir, what I propose to do is read Mr Foley's
16 statement and go to the material parts of the attached
17 documents at a convenient point as I do so, to enable
18 the jury to follow, I hope, easily what I am doing.
19 LORD JUSTICE SCOTT BAKER: Yes.
20 Statement of MR THOMAS FOLEY (read)
21 "I, Thomas Foley, the legal secretary to
22 the inquests make the following statement.
23 "On 6th February 2008 the inquest secretariat office
24 received by courier a document from Paul Burrell with
25 a covering letter. In that letter, Mr Burrell described
1
1 this as the final letter to him from Diana
2 Princess of Wales, alluding to a secret which Mr Burrell
3 referred to during the course of his evidence.
4 "Mr Burrell was not able to assign a specific date
5 to the letter from the Princess, although I am aware
6 that he gave evidence at the inquests about its likely
7 dating. I exhibit to this statement a copy of the
8 letter, which is said to be from the Princess.
9 "A subsequent inquiry was made by the solicitor to
10 the inquests of Paul Burrell to confirm that he had
11 found no other material of relevance to these inquests
12 during his various searches in America and the United
13 Kingdom. On 7th February 2008, the inquests'
14 secretariat office received an email from Paul Burrell
15 in which he confirmed that he had searched extensively
16 in America and the United Kingdom and has found no other
17 material which would be relevant to the inquests.
18 "The letter provided by Paul Burrell described as
19 the final letter from the Princess was disclosed to
20 the interested persons on 7th February 2008, by way of
21 an email attachment sent by Martin Smith."
22 Sir, at this point, I leave Mr Foley's statement and
23 will read the letter from the Princess to Mr Burrell.
24 LORD JUSTICE SCOTT BAKER: Yes.
25 MR BURNETT: It might be convenient if this were on
2
1 the screen as we do so.
2 This is the first page of the letter [letter]. In fact,
3 before that, there is simply a page with the word "Paul"
4 written on it, underlined, with a full stop and
5 the letter D underneath that with a full stop.
6 "Dear Paul,
7 "Clearly from your third eye, this coming weekend is
8 an important one!
9 "I know that too and I wanted to write on paper how
10 enormously touched I am that you share this excitement
11 with me as well. What a secret! You are marvellous how
12 you cope with my questions day after day and it's quite
13 [amazing] that you're constantly right!
14 "But on a serious note, your support, as always, has
15 been invaluable and kept me sane during some nightmare
16 times ....
17 "Now the tide is changing and we can all now have
18 peace of mind and look forward to happier times and
19 different homes!
20 "Thank you, Paul, for being such a power of
21 strength, love from Diana."
22 LORD JUSTICE SCOTT BAKER: Ought that to go into the jury
23 bundle?
24 MR BURNETT: Sir, there is no reason why it should not.
25 There is much other correspondence of a similar nature.
3
1 So it might be convenient to do so.
2 Returning to Mr Foley's statement:
3 "On 18th February 2008 a story appeared in The Sun
4 newspaper concerning a conversation between Paul Burrell
5 and an acquaintance which had been recorded for the
6 newspaper. The inquest secretariat communicated with
7 the Sun's parent company to obtain a full transcript of
8 the conversation. On 20th February that company wrote
9 a letter to the secretariat, a copy of which I exhibit
10 to this statement. The letter explained that
11 the conversation had taken place in a New York hotel
12 room in the early hours of Wednesday,
13 13th February 2008. With the letter the company
14 provided DVDs containing video and audio recordings of
15 the conversation. Mr Smith, the solicitor to
16 the inquest, reviewed the recording and prepared
17 a transcript of relevant parts. I exhibit a copy of his
18 transcript to the statement."
19 Sir, I will go to that transcript now, and read much
20 of it, leaving out one or two parts that are plainly
21 irrelevant.
22 Sir, I will do so by describing Mr Burrell's
23 acquaintance as the contact and then Mr Burrell by his
24 name.
25 "Contact: I saw you at the court and I have to say
4
1 I felt so sorry for you.
2 "Burrell: Well listen. They did the same to
3 everybody.
4 "Contact: I know but knowing what you told me that
5 you know you'd made that decision to keep quiet and not
6 say what you had really knew and you'd said. I couldn't
7 work out why you said what you said about the secret and
8 then the judge made you go and do that and it was clear
9 you had to make up some things that wasn't really
10 a secret because it was all a big -- I'm guessing --
11 that that's what you'd done because clearly there was
12 a bigger secret that you couldn't -- that you couldn't
13 do.
14 "Burrell: Yes so I really --
15 "Contact: So you kind of made yourself look silly
16 but obviously you --
17 "Burrell: I, I sacrificed my own integrity for
18 the bigger picture.
19 "Contact: Yeah.
20 "Burrell: But people that are wise enough to know
21 realise that.
22 "Contact: Yeah, well I was wise enough to know, you
23 told me.
24 "Burrell: Yeah.
25 "Contact: Well I mean it must have been horrible for
5
1 you.
2 "Burrell: Perjury. Perjury is not a very nice thing
3 to have to consider.
4 "Contact: Not at all.
5 "Burrell: No and we don't have the fifth.
6 "Contact: No we don't do we?
7 "Burrell: No.
8 "Contact: Do you think you committed perjury
9 because you did that though?
10 Burrell: No, I didn't, I -- well, I didn't tell the
11 whole truth. When you swear on oath you swear an oath
12 to tell the truth, the whole truth and nothing but
13 the truth.
14 "Contact: Yeah.
15 "Burrell: I told the truth as far as I could. But I
16 didn't tell the whole truth.
17 "Contact: You and Steve Dennis.
18 "Burrell: But he put me in the most unenviable
19 position the Coroner because he made me, he said to me
20 I had to report the conversation I had with the Queen.
21 That conversation was three hours long and I wasn't
22 about to sit there and divulge everything she said to
23 me. I wasn't going to do that. So I said, do I have to
24 answer that question? And he said, yes you do. And
25 I said, well. He said, what can did the Queen say to
6
1 you? I said, well she showed great concern. That was
2 all I was prepared to say. And he still let me get away
3 with it.
4 "Contact: Well, it must have been really tough.
5 "Burrell: It was tough. But every single person --"
6 Burrell continues:
7 "Three days. Every single person close to her was
8 put through that. And I contemplated very seriously not
9 going. And I didn't want to go. To be honest I didn't
10 want to go. I did not want to go. Right to the last
11 minute. And the people that to do my merchandising in
12 America, they said, Look. Look at it like this. If you
13 don't go, as the closest person to her.
14 "Contact: How would it look.
15 "Burrell: Having stood on your soap box and defended
16 her memory all these years. It's not going to look very
17 good for you.
18 "Contact: A lot of people were saying that he didn't
19 really effect or love her ...
20 "Burrell: Who didn't? That I didn't?
21 "Contact: Yeah. And that's just like --
22 "Burrell: That's a load of crap.
23 "Contact: How do you get that when you're trying to
24 protect him.
25 "Burrell: That who didn't protect. That who didn't
7
1 love you?
2 "Contact: That you didn't love or respect Diana.
3 "Burrell: What shit.
4 "Contact: Exactly, exactly. Yeah I know. I was
5 thinking well where does all that come from?
6 "Burrell: Yeah, well.
7 "Contact: But knowing --
8 "Burrell: That's because I sacrificed myself.
9 "Contact: You did. You sacrificed and that [was]
10 everyone ... Oh, he divulges secrets that wasn't
11 a secret. And, it's funny because obviously --
12 "Burrell: Do you honestly think I have told everyone
13 everything I know? Of course I haven't.
14 Contact: No, I wouldn't expect you to.
15 "Burrell: ... That was real closure for me. To be
16 treated like that. Treated so appallingly and to have
17 character assassination in that courtroom was like, I've
18 had it, I've had it. I've absolutely had it.
19 "Contact: Well, that's now a closed chapter.
20 "Burrell: That's closed for me. Yeah.
21 "Contact: Is that why you're here now ... I know
22 what you said you're going to be here indefinitely.
23 "Burrell: I, yeah, I was here today to close a deal
24 with my jewellery. I've got a jewellery line coming out
25 in, on May 1st."
8
1 Burrell continues:
2 "Do you know what they say to me in America? You
3 stood up and did what you thought was right and defended
4 her memory. That's what they say here. Because they
5 didn't get all the shit here. All they got was I had
6 attended court to defend the Princess's memory. That's
7 all they got here.
8 "Contact: Right.
9 "Burrell: The shit didn't carry. Shit doesn't come
10 across here. Isn't that incredible?"
11 Sir, for those who are following the transcripts,
12 I am hopping over the next bit, which is irrelevant, to
13 the middle of the next page where the contact says:
14 "... Diana? She's always with you surely?
15 "Burrell: Oh yeah, I'm always, I am always with her.
16 "Contact: Do you ever feel that, spiritually?
17 "Burrell: Yes I do. Because --
18 "Contact: I know how you feel. I lost my mum three
19 years ago. And I know when my mum's around me.
20 "Burrell: I do feel it at times, I do. I felt it in
21 that courtroom. I felt the indignity and I felt her
22 indignity too. And I couldn't explain that to anyone.
23 "Contact: Do you think that was because you knew you
24 were keeping a bigger secret?
25 "Burrell: Yeah. She was there. She knew why I was
9
1 doing it and what I was doing.
2 "Contact: And what you were doing was, was?
3 "Burrell: Was what she wanted.
4 "Contact: Which was keeping the secret of what you
5 really knew.
6 "Burrell: That's between me and her.
7 "Contact: Absolutely. Was keeping the secret of
8 what you really knew happened.
9 "Burrell: The trouble is, you see, you say that and
10 you can't say that in the courtroom situation because
11 the Coroner will order you to --
12 "Contact: You would be in contempt of court
13 otherwise.
14 "Burrell: It's a contempt of court and you can go to
15 prison, so there was no way I was going there. No way,
16 I wanted to steer away from that as much as possible.
17 And I, I was very naughty and I laid a couple of red
18 herrings.
19 "Contact: Can't you do that?
20 "Burrell: And I couldn't help but do it. And I know
21 you shouldn't play with justice and I know it's illegal.
22 I know, I realise how serious it is, but all through my
23 life, all through since the Princess died, especially
24 since the Princess died, I have measured what I have
25 said gradually and carefully. When I wrote my first
10
1 book, I didn't tell, I didn't really say what I wanted
2 to say, and then I wrote the second one three years
3 later and I still didn't say all that I wanted to say
4 because I measure it very carefully. And now I made
5 a promise to myself and to her, I will never write
6 another book. I won't. I know I won't. And you'll
7 [say] to me, well, Paul, you can't say never, but I can
8 say never. Because I never will. I have written
9 everything I want to write in those two books.
10 "Contact: But in that situation in court when, so
11 spiritually you know you felt her there.
12 "Burrell: Yeah.
13 "Contact: Did you feel her there because she was
14 saying to you maybe you shouldn't keep this big secret
15 of what happened, she was there enforcing, enforcing,
16 enforcing you to say, to keep the secret that you know
17 more that happened.
18 "Burrell: No. I think she is saying to me you have
19 done what you had to do. You've done enough. I truly
20 believe that. And I've said it. And I've done what
21 I've done in a way that I think she would appreciate and
22 approve of but I can strongly sense that's enough.
23 "Contact: I mean, all that stuff about Philip,
24 the Duke of Edinburgh. It portrayed they had
25 a reasonable relationship.
11
1 "Burrell: Yes they did.
2 "Contact: And yet when she died, the media portrayed
3 that he well, and Al Fayed says that he had her killed.
4 "Burrell: Yes but he would, wouldn't he?
5 "Contact: Well, yeah, I think we all disregard what
6 Al Fayed says, we all know that that is media-motivated.
7 "Burrell: You know what I think the saddest thing
8 is? The saddest thing out of all of this is, I think he
9 is dying.
10 "Contact: I think he's dying.
11 "Burrell: And I think this is his last shot. And
12 I think this will kill him.
13 "Contact: Because isn't he giving evidence this
14 week?
15 "Burrell: He's not, he's not going to get anything.
16 "Contact: But don't you think some of this is so
17 that he's kept in the media spotlight and --
18 "Burrell: Yeah, it's all PR.
19 "Contact: Yeah, yeah, well there's stories and
20 there's stories. It doesn't matter how good or bad they
21 are, they keep you there. But I just think, you know,
22 I really believe in this spiritual thing and I know
23 when my mum, when my mum, I know when my mum was
24 normally around when I shouldn't have been doing
25 something.
12
1 "Burrell: Hanging out watching everything.
2 "Contact: No, I don't think they are, no. And that
3 happens a lot ... Was Diana the love of your life?
4 "Burrell: No.
5 "Contact: The right thing to do is not to commit
6 perjury, Mr Burrell.
7 "Burrell: No it's not, but I haven't. You could
8 assume that, but I couldn't possibly say.
9 "Contact: No, I'm not assuming that. I know that
10 because you told me that you, you told me that.
11 "Burrell: What I told, I told that I didn't tell
12 the whole truth.
13 "Contact: No, I know. I'm not preaching to you.
14 I'm not judging you for it. I understand. I understand
15 and I understand your reasons and I understand that it's
16 important to you, but I don't know who you are
17 protecting. I hear you say to protect her, to stick up
18 for you.
19 "Burrell: What's to protect?
20 "Contact: Because Diana's death --
21 "Burrell: My own integrity.
22 "Contact: But you fucked your integrity in court.
23 "Burrell: Well, in a strange way, yes, let's just
24 leave it there then.
25 "Contact. Okay.
13
1 "Burrell: There's nothing more to say, is there?
2 "Contact: No, no, I'm not asking you that, I'm just
3 saying it as a friend.
4 "Burrell: Do you think I'm going to sit there in
5 a court of law and tip out my guts and tell them.
6 That's what he wanted me to do, the judge.
7 "Contact: That's what he was expecting you to do.
8 "Burrell: To actually tell them what I know, all
9 the secrets, well no. You know me better than that.
10 "Contact: You know what, everyone's going to think
11 that's the deal you made with the Queen when ... that's
12 what they'll think.
13 "Burrell: That's the Queen ...
14 "Contact: Since you were in court ... is.
15 "Burrell: That's true, that you had to go all
16 the way up to Chester and all the way --
17 "Contact: Really? Why did you not just stay at
18 home? ...
19 "Burrell: I had to play the game.
20 "Contact: I suppose you did ...
21 "Burrell: He said he wanted to see any
22 correspondence.
23 "Contact: You could have got Maria to fax, to bike
24 it down.
25 "Burrell: Plus I didn't want her rooting through
14
1 everything.
2 "Contact: What Maria?
3 "Burrell: Yeah. Perhaps there were things I didn't
4 want her to see.
5 "Contact: Paul Burrell, you cannot tell me that you
6 leave things in the north-west of England that you don't
7 want your wife to see when you live in the fucking
8 States, because she could do it any time she wanted to.
9 "Burrell: My wife, I trust my wife."
10 I stop there, sir.
11 Returning if I may to Mr Foley's statement:
12 "On 19th February Mr Smith had asked Mr Burrell to
13 provide his observations on the transcript. There
14 followed correspondence with Mr Burrell's solicitors
15 which resulted in them, on 27th February, providing
16 a statement signed by Mr Burrell. I exhibit a copy of
17 that witness statement."
18 I turn now to that.
19 Statement of MR PAUL BURRELL (read)
20 This is a statement signed by Mr Burrell on
21 26th February 2008.
22 Sir, I should say for those who are following it, if
23 they have it in front of them, I shall not read
24 the third paragraph:
25 "When I gave evidence at the inquest I did not
15
1 conceal anything remotely relevant to the enquiry into
2 the causes of the deaths of Diana Princess of Wales and
3 Dodi Al Fayed. When I was asked questions, both by Mr
4 Burnett and by counsel for Mohamed Al Fayed, I held
5 nothing back.
6 "I accept that whilst I was under cross-examination
7 my evidence may, at times, have strayed from
8 the strictly relevant. However, at no time did I tell
9 any untruths. I tried to assist the court in as far as
10 I was able ...
11 "I understand that there is a video which was taken
12 of me in a hotel in New York. I understand that
13 the suggestion from this video is that I misled
14 the inquest. Again, I reiterate that at no time did
15 I do this.
16 "At the time of the secretly recorded conversation,
17 I was tired, depressed and had been drinking all
18 evening. I had been to meetings during the course of
19 the day and had eaten nothing until the evening.
20 I drank several cocktails before dinner, and then
21 consumed three bottles of wine between myself and three
22 friends. I had also consumed a glass of whisky.
23 "Late on 12th February 2008 Mr Khullar asked me to
24 meet him at his hotel room in New York. I have known
25 Mr Khullar for a number of years. I agreed to go to
16
1 the hotel. I arrived at his hotel room after midnight.
2 After I arrived I consumed more than half a bottle of
3 champagne. By this time I was tired and had been
4 drinking all evening.
5 "During the course of the conversation with
6 Mr Khullar I was showing off. I am not proud of this.
7 I was trying to impress him. The comments which I made
8 to him were not correct. I reiterate that at no time
9 did I mislead the inquest or say anything that was not
10 the truth.
11 "I can confirm that I took my responsibilities to
12 the inquest, and the burden upon me to tell the truth,
13 seriously. At no time did I give an answer to any
14 question that was not true.
15 "I confirm that the contents of this statement are
16 correct.
17 "I have already provided to the inquest all
18 the evidence I have that might possibly assist its
19 purpose. I have decided that I shall not be attending
20 the inquest further or giving evidence by link. I shall
21 be living and working outside the United Kingdom for
22 the foreseeable future."
23 Sir, that is a statement which is in a form which
24 has this declaration at the beginning:
25 "This statement is true to the best of my knowledge
17
1 and belief and I make it knowing that if it is tendered
2 in evidence, I shall be liable to prosecution if I have
3 wilfully stated in it anything which I know to be false
4 or do not believe to be true."
5 Then finally reverting once more to Mr Foley's
6 statement:
7 "Despite Mr Burrell's stated wish not to give
8 evidence again, the inquest secretariat has asked that
9 he give evidence, either by videolink or in person, to
10 answer questions about his comments in the recorded
11 conversation. He has refused to do so."
12 Then Mr Foley states:
13 "I believe the facts stated in this statement are
14 true."
15 And he signed and dated it.
16 LORD JUSTICE SCOTT BAKER: Mr Sola?
17 MR BURNETT: It is Mr Sola next, and my learned friend
18 Mr Hilliard will be dealing with his evidence.
19 LORD JUSTICE SCOTT BAKER: I think we need an interpreter,
20 do we?
21 MR HILLIARD: Yes please.
22 Mr Karim Chebouni, Interpreter (sworn)
23 MR LAURENT SOLA (sworn)
24 (Evidence interpreted)
25 LORD JUSTICE SCOTT BAKER: Please sit down now.
18
1 Questions from MR HILLIARD
2 MR HILLIARD: Good morning. Is your name Laurent Sola?
3 A. Yes.
4 Q. Mr Sola, I am going to ask you questions first on behalf
5 of the Coroner, and then you may be asked questions by
6 other people.
7 In 1997, did you own a press agency in Paris?
8 A. Yes, I was the owner and the director.
9 Q. What was the name of the agency?
10 A. The agency was called LSD, which stands for Laurent Sola
11 Diffusion, or Distribution.
12 MR CROXFORD: I hope not to be awkward. I wonder if
13 the witness can speak up a little so that we can hear
14 the French.
15 A. (Not interpreted) Bien sur.
16 MR HILLIARD: Did you have people that took photographs for
17 you?
18 A. Three photographers.
19 Q. What kind of things or people or events would they take
20 photographs of, just so that we have an idea?
21 A. It was a general press agency and evidently they covered
22 political events --
23 THE WITNESS: Sports events --
24 A. And, of course, things that have to do with people in
25 general.
19
1 Q. Who were the three photographers who would work for you?
2 A. M Ker, M Chassery and M Salmon.
3 Q. Mr Ker we know as Mr Odekerken. Were you aware that
4 that was his full name?
5 A. Yes.
6 Q. Over the years, had you taken photographs yourself on
7 many occasions?
8 A. Certainly, and that was the reason why I gave up
9 the agency because ultimately I am a photographer and
10 I prefer to take photos rather than sit in the office
11 and do the administrative work.
12 Q. I want to come to Saturday, 30th August 1997.
13 Diana Princess of Wales and Mr Dodi Al Fayed had
14 come to Paris from Sardinia. Had you found out that
15 they would be in Paris before they actually arrived in
16 Paris?
17 A. It seemed that they were going to turn up and it was
18 a logical route that they would take during their trip.
19 For that reason, we had teams in Paris for that
20 eventuality.
21 Q. Who were the photographers in Paris?
22 A. The three photographers that we have just spoken of.
23 Q. The jury will see later some records of telephone calls
24 and what I want to do is just to tell you about the
25 times of some calls and then ask you just to explain
20
1 what was going on.
2 THE INTERPRETER: Were these conversations recorded between
3 himself and the other photographers?
4 Q. I think that is what you are going to tell us.
5 First of all, the records show a call from
6 Mr Chassery's phone at 00.30, so half past midnight,
7 that is just into the early hours of the Sunday morning,
8 for 28 seconds. Him to you, just under half a minute.
9 That is the first one. The second one, it looks as if
10 you called him back at 00.33 for 39 seconds. And again,
11 at 00.36 for 23 seconds. Then the fourth one it looks
12 as if at 00.38 he telephoned you for over ten minutes
13 and during that call, which appears to have begun at
14 00.38, gone on, as I say, for over ten minutes, it looks
15 as if during that call, at 00.45, you used a different
16 telephone to call somebody, a man Darryn Lyons, who we
17 know had the agency, Big Pictures.
18 Those are the calls I want to ask you about. Can
19 you help us, first of all, who was the talk about
20 between you and Mr Chassery, the first call? So, him
21 calling you briefly, what was that about?
22 A. From my understanding, it was a very confusing call.
23 What I understood is that they arrived very late, very
24 late, after the accident.
25 Q. Right.
21
1 A. Initially, I do not think that he, himself, realised
2 what had happened. It was only later on that he
3 realised that there was a car accident and
4 Princess Diana was in that car accident.
5 Q. Did he say that he wasn't a direct witness to
6 the accident, is that what he said?
7 A. Yes, and since he wasn't a direct --
8 MR HILLIARD: That is what Mr Chassery was saying to you,
9 that he was not a direct witness to the accident but
10 that he had got there later. Is that what he said?
11 I just want to be --
12 A. Yes.
13 Q. You called him back on two occasions, pretty short
14 calls. Can you remember now what was said in the short
15 calls or not?
16 A. Word by word, certainly not.
17 Q. No, but the sense of it.
18 A. After I took my position as a director, after all I am
19 a journalist, and he was very panicky at that time and
20 I told him, "You are a journalist and you have to report
21 what has happened".
22 Q. Sorry, was he saying anything to him about the need to
23 take photographs? I want to make sure I haven't missed
24 anything.
25 A. Yes, I told him that he is a journalist, a photographer,
22
1 and he had to take photos of the scene since it is his
2 job as a photographer to take pictures of the scene,
3 photos of the scene.
4 Q. At 00.38 there was a contact from his telephone to
5 a telephone of yours for over ten minutes. What was
6 that about?
7 A. I suppose I was arranging for some films, because at
8 that time we were using just normal cameras and not
9 digital cameras.
10 I was taking arrangements to develop these films and
11 to turn them into digital photos, digital films.
12 Q. What I want to know is were you talking to him -- was
13 that a speech? Were you talking to him for ten minutes
14 or so at that time?
15 A. I suppose that we must have talked about other things at
16 that time. I advised him to get out of the tunnel at
17 that time, because I imagined that the police might
18 arrive and they might have intervened.
19 Q. Did he tell you in the course of that, the longer
20 conversation, that he had taken photographs?
21 A. It is quite hard for me to remember exactly what
22 happened during the course of the conversation.
23 Q. Of course. But after that ten minute or so conversation
24 had started, in the middle of that call it looks as if
25 you telephoned Darryn Lyons.
23
1 I suppose there would not have been much point
2 telephoning him, would there, unless you either thought
3 you had some photographs or you were going to get some?
4 A. I think it was during that time that I was arranging for
5 the photos, because there were some photos that were
6 coming and I called the English correspondent to do his
7 work, to do what he is meant to go doing.
8 Q. How were you going to get the photographs?
9 A. I told the photographers to leave the tunnel and I told
10 them to meet me somewhere near, not very far from the
11 tunnel.
12 Q. Which of your photographers, as you understood it, were
13 in the tunnel?
14 A. Chassery and Ker, I think.
15 Q. Where did you think the third one was?
16 A. I don't know whether he went home or he was buying
17 sandwiches for the other two.
18 Q. Did you meet up with Mr Chassery and Mr Ker?
19 A. As we had arranged, yes, about 500 metres away from
20 the accident.
21 Q. What happened when you met them?
22 A. I think we have talked about the possibility or
23 the opportunity to diffuse the photos.
24 Excuse me. I believe I had that conversation with
25 them earlier, during those ten minutes when I told them
24
1 that we had to arrange for the development of these
2 photos and to share with them also.
3 Q. Did they say anything about what had happened?
4 A. Yes, we have talked about what happened during that
5 evening.
6 Q. What did they say?
7 A. They were planning to take photos of the couple, of
8 Princess Diana and Mr Dodi, when they were coming out
9 from the main door of the Ritz Hotel. And I think that
10 taking this photo was arranged with the security of
11 Mr Al Fayed.
12 They were requested to not stay by the main
13 entrance, so there wouldn't be a crowd just outside
14 the door.
15 A semiofficial photo was arranged but the evening
16 worsened afterwards, since afterwards Mr Paul arranged
17 false starts and it was a pure provocation for the
18 coming out of the couple and the arrangement for the
19 cars to leave.
20 Q. I just want to be clear, because what I want is what
21 they actually told you on the night, and that is what
22 you are telling us, is it?
23 A. Yes.
24 Q. Thank you. What else did they tell you had happened?
25 A. They were asking themselves at that time about
25
1 the conversation, the opportunity to use these photos.
2 Q. Did they say anything about where the Princess of Wales
3 and Mr Al Fayed had been going in the course of which
4 journey the accident happened, was anything said about
5 that?
6 A. It seemed like it was the regular route that they would
7 take to go to their apartment and for this reason there
8 was no need to be driving that fast.
9 More of the reason why the photographers were
10 driving fast is to catch up with the car and to find out
11 where they were. But they never followed Mr Al Fayed's
12 escort.
13 Q. Whereabouts exactly was it that you met them, can you
14 give us the location?
15 A. It was between the Alma Bridge and the Trocadero, in
16 Paris.
17 Q. Did you get the photographs or the negatives, or
18 whatever it is, from them?
19 A. Yes.
20 Q. Did you go and develop them, or whatever it is that you
21 do with them, somewhere?
22 A. Yes, I took the photos. I was by myself and I went to
23 a lab and developed them. I had already arranged for
24 that.
25 Q. One of your telephones contacted something called an
26
1 ISDN line at Big Pictures at 4.23 in the morning.
2 A. What was that?
3 Q. We have heard about something called an ISDN line that
4 you can transmit photographs through. According to
5 the records, at 4.23 in the morning, one of your
6 telephones contacted the ISDN line at Big Pictures.
7 Would that have been you sending the photographs
8 through to Darryn Lyons?
9 A. Yes.
10 Q. At this time, when you were sending the photographs
11 through, did you know that the Princess of Wales had
12 died?
13 A. No, and that was the reason why I sold those pictures,
14 because I knew that the pictures of the Princess being
15 injured would sell quite easily, and on the photos
16 the Princess was conscious. It appeared that
17 the Princess was conscious and they were -- they can be
18 seen.
19 Q. Can you help us, what sort of sums were you hoping or
20 expecting that you might be able to make from
21 the photographs, just so that we have an idea?
22 A. It was not a certain amount that was wished; the photos
23 were selling extremely -- very dearly, all over
24 the place, in the United States, in the United Kingdom.
25 Q. I think we heard about a figure of $250,000 if I have it
27
1 right from the National Enquirer in America.
2 A. Yes, that's it.
3 Q. In the course of the night, did there come a time when
4 you heard that the Princess of Wales had died?
5 A. Yes.
6 Q. What did you decide to do then, about the photographs?
7 A. We decided, myself and some correspondents, that we were
8 going to stop the sale of the photos. I took
9 a conscious decision to stop that.
10 Q. Now --
11 A. If I may add, I did not want to gain any money on the
12 death of Princess Diana.
13 Q. In the morning of 1st September, the records show you
14 making a call to somebody called Marc Selle, if I am
15 pronouncing his name right.
16 Was the position this: there were photographs of
17 the couple in the daytime, so not injured or anything
18 like that?
19 A. The photographers that were apprehended on the evening,
20 they had on them the films of the photos that they took
21 on the afternoon. When I collected the films on that
22 evening, they had -- I was the only one that had them
23 and they contained the photos that were taken on the
24 afternoon.
25 Q. Was your reason for contacting Mr Selle because he was
28
1 going to try to sell those to newspapers for you, is
2 that right?
3 A. Yes, the photos -- daytime photos.
4 MR HILLIARD: All right. Thank you very much indeed.
5 LORD JUSTICE SCOTT BAKER: Mr Mansfield?
6 MR MANSFIELD: No questions, thank you.
7 LORD JUSTICE SCOTT BAKER: Mr Keen?
8 Questions from MR KEEN
9 MR KEEN: Good morning. My name is Richard Keen and I am
10 instructed as counsel on behalf of the parents of
11 the late Henri Paul.
12 There are just two matters that I would like to
13 raise with you. I wonder if the jury could have in
14 front of them their first jury bundle, that contains
15 the various plans and maps.
16 If the witness could be provided also with a copy of
17 that bundle?
18 If you turn to pages 8, 9 and 10 -- if you have
19 page 8 first of all, you will see that marked on that
20 plan is the Ritz Hotel and Dodi Al Fayed's apartment in
21 the Rue Arsene Houssaye. [INQ-JB1-0000008]
22 Can you see that? We are told that the line on this
23 map shows the route to Dodi Al Fayed's apartment from
24 the Ritz Hotel via the Champs-Elysees. Do you recognise
25 that route?
29
1 A. Yes, yes. The map is correct.
2 Q. Then, if you turn over to the next page, which is
3 actually marked 8A, we see a map showing the route from
4 the Ritz Hotel to Dodi Al Fayed's apartment via
5 the professional driver's route. [INQ-JB1-0000008A]
6 Do you recognise that route as involving going up
7 the Avenue Marceau? Do you recognise the route?
8 A. Yes.
9 Q. If you then turn on to the next page, what is shown in
10 green from the Ritz Hotel to Dodi Al Fayed's apartment
11 is the only possible route that could have been taken
12 once the driver had entered the Alma Tunnel.
13 [INQ-JB1-0000008B]
14 If you look at that, Mr Sola, you see that far from
15 being what you suggested, namely the regular route to
16 their apartment, once the car had entered
17 the Alma Tunnel it would be taking a quite exceptional
18 route, and that is perfectly obvious, isn't it?
19 A. Yes, I see two possibilities. Which is effectively
20 a much longer route. The route that goes through
21 the Champs-Elysees is one that is the most used in
22 the world.
23 Q. That is --
24 A. It would have taken about 15 minutes to go according to
25 the first route, whereas it would have been quicker --
30
1 there are about 20 traffic lights on that road and loads
2 of traffic also.
3 Q. That is why, if you turn back to page 8A, we see that
4 the professional driver's route avoids
5 the Champs-Elysees, is that not correct?
6 A. Perhaps, yes.
7 Q. And the professional driver's route does not involve
8 taking you into the Alma Tunnel, does it?
9 A. I am not a professional driver, therefore I cannot
10 speculate what route a professional driver would take.
11 Q. Right.
12 A. I do not know whether Mr Al Fayed asked Mr Paul to take
13 them to the Eiffel Tower or some place else, I don't
14 know.
15 Q. Thank you, Mr Sola. I was merely concerned with what
16 you had said in your earlier evidence.
17 Just to be clear about one thing, it was you that
18 advised Mr Chassery to get out of the tunnel in case
19 the police might arrive; is that right?
20 A. Yes.
21 MR KEEN: Thank you.
22 No further questions, sir.
23 MR CROXFORD: Sir, I shall be a little longer than
24 I estimated the day before yesterday, but not very long.
25 LORD JUSTICE SCOTT BAKER: Yes.
31
1 Questions from MR CROXFORD
2 MR CROXFORD: Mr Sola, I act for the Ritz Hotel.
3 First of all, can you clarify something you said
4 this morning? You had three photographers out there on
5 that night of 30th/31st August; Mr Odekerken,
6 Mr Chassery and what, sir, was the name of the third
7 photographer?
8 A. I said a Mr Salmon.
9 Q. Could you just spell it?
10 A. I have some difficulties with the third name because
11 they work together now and it is a press agency, Ker and
12 Chassery. I forget the third name.
13 Q. You forget?
14 THE WITNESS: Yes, sir.
15 MR CROXFORD: Did you remember it in 2006 when you told
16 Channel 4 that you had three guys out there?
17 A. I confused the name of the third person.
18 Q. What do you mean you confused the name? You had three
19 photographers out there. Odekerken, Chassery and who
20 else, please?
21 A. I said Mr Salmon.
22 Q. Is that S-A-L-M-O-N?
23 A. Yes, this is the name of Mr Salmon.
24 Q. Later on that evening, you and Mr Odekerken and
25 Mr Chassery took part in discussing what to do with
32
1 the photographs taken during the day, is that right?
2 A. Not the daylight photos; they were the photos that were
3 taken of the accident.
4 Q. Did Mr Salmon join you for that discussion?
5 A. No, because in principle I have spoken only with
6 Mr Chassery.
7 Q. Mr Odekerken was there, wasn't he?
8 A. I suppose he was. I don't remember.
9 Q. All right, I will come back to that.
10 You told the jury a few minutes ago, when
11 Mr Hilliard there asked you some questions, he asked you
12 the question: had you found out that they [that is
13 the Princess and Dodi Al Fayed] would be in Paris before
14 they actually arrived in Paris?
15 You replied:
16 "It seemed that they were going to turn up and it
17 was a logical route that they would take during their
18 trip. For that reason, we had teams in Paris for that
19 eventuality.
20 So, this is right, is it, you told this jury that
21 you had worked out or guessed that they would come to
22 Paris?
23 A. It was an information, a rumour that was circulating in
24 Paris and the photographers that were following them
25 during their trip.
33
1 Q. I just want to understand this: was it information or
2 merely a rumour? (Pause).
3 Let me try to help you, Mr Sola. Fabrice Chassery
4 told the French police on 4th September 1997 that you
5 had telephoned him on 30th August at his home and that
6 you told him you had some interesting information for
7 him and Odekerken that an aircraft carrying Diana and
8 Al Fayed was leaving Sardinia to arrive in Paris at
9 around 13.30 hours at Le Bourget.
10 Was that right?
11 A. Yes. There was a fourth photographer who took photos of
12 them in Sardinia and saw them taking the aeroplane.
13 Q. This was not rumour, Mr Sola, you had information,
14 didn't you?
15 A. It was not a concrete information, it was a possibility.
16 Someone sees them getting on the plane, there is
17 a possibility.
18 Q. On 4th September, Mr Odekerken, at 20 to 3 in
19 the afternoon, says that he received a phone call from
20 his partner Chassery recounting that you had told
21 Chassery about this expected arrival and you had even
22 given Chassery the registration of the aircraft they
23 were travelling on.
24 Had you?
25 A. Of course I had given them the registration plate of
34
1 the aeroplane, because my fourth photographer was in
2 Sardinia and saw them boarding the aircraft,
3 the aeroplane.
4 Q. Very well. You have mentioned the names of the three
5 photographers you employed. Who was the fourth you
6 employed, your fourth photographer?
7 A. Frederic Lafargue.
8 Q. Moving on, you also told the jury this morning, in
9 answer to a question about there coming a time when you
10 heard that the Princess of Wales had died, you told
11 the jury:
12 "We decided, myself and some correspondents, that we
13 were going to stop the sale of the photos. I took a
14 conscious decision to stop that ...
15 "If I may add, I did not want to gain any money on
16 the death of Princess Diana.
17 Was that true?
18 A. Yes, that is what I said.
19 Q. You learned of the death of the Princess early on
20 the morning of Sunday 31st August; the same as the rest
21 of the world, presumably?
22 A. Yes, it was around 5.30/6 o'clock.
23 Q. On 31st August 1997, you had working for you as
24 a photographic agent a man called Marc Selle, didn't
25 you?
35
1 A. He was not a photographer. He was a representative, an
2 agent who sells the photos.
3 Q. He was working for you on 31st August 1997?
4 A. Yes.
5 Q. On that day, at just after 9 o'clock in the evening, he
6 told the French police that having arrived in Paris at
7 about 4 o'clock that afternoon, he spoke with you and
8 that you told Selle that there were some photos of
9 Lady Di and Dodi Al Fayed from the time they left
10 Sardinia up to the accident; was that true?
11 A. Yes, up to the moment of the accident, yes.
12 Q. That Selle called round to your offices at about
13 5 o'clock in the afternoon; true?
14 A. Probably.
15 Q. And that you showed Selle what you described as your
16 photo report in order that he could go out and sell it
17 in the market; correct?
18 A. Yes.
19 Q. You told him that there was some competition and you
20 estimated you might get 50,000 francs for
21 the photographs that you gave to Selle. Is that right?
22 A. Are you talking about a specific plan that was set up by
23 the French police to find out whether I was trying to
24 sell the photos?
25 Q. No. I am talking about your instruction to your
36
1 photographic agent Marc Selle to go out into the market
2 and try to sell photographs that you had.
3 You sent him out and estimated that he might get
4 50,000 francs for the lot, didn't you?
5 A. Yes.
6 Q. Later that day, in the evening, as he came out of the
7 Meridien Hotel in Paris, having met with a magazine
8 representative trying to make a sale, he was arrested,
9 wasn't he?
10 A. Yes.
11 Q. He had a number of photographs in his possession, didn't
12 he?
13 A. Yes.
14 Q. Which you had supplied him with. Is that right?
15 A. He had certainly some photos, yes.
16 Q. And far from those photographs going up to the time of
17 the crash, there were three photographs, weren't there,
18 which you had provided showing the wrecked car in
19 the tunnel and emergency services trying to attend to
20 the dead and injured?
21 A. May I have a look at these photos, please?
22 Q. Yes.
23 MR CROXFORD: Sir, I don't know if you are proposing to take
24 a break ...
25 LORD JUSTICE SCOTT BAKER: We certainly will have a break,
37
1 yes.
2 MR CROXFORD: I'm going to try to show the photographs
3 straightaway, but I believe, from a conversation I had
4 with others, there may be some difficulties about having
5 them on the system.
6 They are not in there for the moment. Mr Burnett is
7 going to hand some up.
8 Sir, you will know these photographs. They are very
9 indistinct black and white, and you will also know
10 the reason.
11 You have been handed a number of sheets. I would
12 like you to go to the last of those sheets.
13 Sir, I am told there is an INQ which is [INQ0042155 - not shown] and
14 there are three photographs of which we now have decent
15 copies.
16 If Mr Foley scrolls through, right to the end,
17 please, Mr Foley -- will you stop for a moment?
18 A. These three photos are you talking about?
19 MR CROXFORD: Mr Burnett helpfully reminds me about
20 pixellation.
21 Perhaps this would be a good time for the break.
22 I am sorry not to be in apple pie order.
23 LORD JUSTICE SCOTT BAKER: Yes. We will take our break.
24 (11.19 am)
25 (A short break)
38
1 (11.37 am)
2 (Jury present)
3 MR CROXFORD: Sir, I am happy to say there is no problem.
4 If you and the jury have to hand the paparazzi bundle,
5 I fancy you will be able to follow the next minute or
6 two more readily.
7 Mr Sola, that bundle you have there, go to the last
8 page, please. The last page.
9 If Mr Foley could just bring that up on the screen,
10 please [INQ0042171 - not for publication].
11 You told the jury that you didn't want to make any
12 money from the death of the Princess. In fact, you were
13 trying to sell this photograph, weren't you, through
14 your agent Marc Selle, showing the crashed Mercedes,
15 a photograph taken by Mr Odekerken? For our reference,
16 page 111.
17 That is right, isn't it, you were trying to sell
18 this photograph?
19 A. Yes. I did try to sell this photo and I told you that
20 with the photo of Princess Diana inside the car.
21 Q. "I took a conscious decision to stop that ...
22 "If I may add, I did not want to gain any money on
23 the death of Princess Diana."
24 Two other photographs that you were hawking around,
25 if you turn back one page, please. Mr Foley, if you
39
1 could show the preceding one. Sir, you will recognise
2 that, if I can give you a clue, it is 109. [INQ0042170 - not for publication]
3 That was one of yours, taken by Mr Odekerken,
4 am I correct, Mr Sola?
5 A. Yes.
6 Q. And the next one, please, Mr Foley, [INQ0042169 - not for publication] our
7 page 110. Again one of Mr Odekerken's; yes?
8 A. Yes.
9 Q. So those were on sale. Your agent, Mr Selle, was
10 arrested and you heard of that arrest, didn't you?
11 A. Yes, yes.
12 Q. And you decided that you would present yourself on
13 1st September to the French police, is that right?
14 A. Yes.
15 Q. In order, presumably, to explain all that you knew about
16 the events of the previous day.
17 A. Initially I wished to return all the negatives to
18 the English Embassy. Undoubtedly you know that.
19 Q. When you presented yourself to the French police, did
20 you intend to tell them all that you knew of the
21 previous day's events?
22 A. Certainly, yes. I was summoned by the police, by
23 the French police.
24 Q. At about 25 minutes to 11 on the morning of
25 1st September 1997, did you tell the police that you
40
1 would explain to them how you had carried out
2 the digital processing of the negatives that were in
3 their possession and which had been handed to them by
4 your secretary, at your request?
5 A. Yes, yes.
6 Q. Those negatives were the negatives in respect of the
7 photographs that Mr Selle was trying to hawk around,
8 weren't they?
9 A. I guess, yes, all of the negatives, but there were
10 certain photos that we were trying to sell, the photos
11 that were taken during the daytime and some that were
12 taken on that evening.
13 Q. But you had other negatives and photographs taken by
14 Mr Odekerken and Mr Chassery which at this stage you
15 didn't tell the French police about, did you?
16 A. No. I gave the totality of the negatives to the police,
17 which initially I was intending -- I put in envelopes
18 and I was intending to give to the English Embassy in
19 France, and then I gave them to the police.
20 Q. What, all of them? All 30 or so? Or just in connection
21 with the tunnel and the crash? Or just three?
22 If you cannot remember, Mr Sola, I will help you.
23 Can you remember?
24 A. We might have kept some of the negatives that were taken
25 during the afternoon but all the evening's negatives
41
1 were given back to the police. The negatives were of --
2 the photos that were taken of Princess Diana and Mr Dodi
3 were given back to the police. The photos of
4 Princess Diana and Dodi when they were -- whilst injured
5 or deceased were all given to the police.
6 Q. They were not given by you initially, were they? You
7 tried to suppress them, keep quiet about them.
8 A. I was concerned that the photos would come out
9 eventually, as it happened. That is why I wanted to
10 give them -- from the police, sorry, and that is why
11 I intended to give them to the English Embassy.
12 Q. You see, in your first interview on 1st September you
13 mentioned only five other photographs, being of
14 the Princess receiving first aid, which you had sent to
15 your English correspondent. Do you remember that?
16 A. Five photos of Princess Diana in the car, yes.
17 Q. Then in fact in your third interview of the day, at
18 4 o'clock in the afternoon, you said this to the French,
19 didn't you:
20 "As to the facts, I decided to come forward after
21 you phoned me and explained about the photos you
22 received yesterday from Marc Selle."
23 Correct so far?
24 A. Yes, yes, could be.
25 Q. You were asked:
42
1 "Do you have any other sets of photographs closely
2 connected with the accident in which Princess Diana was
3 killed?"
4 You replied no. That is right, isn't it?
5 A. Yes. It is right.
6 Q. Your premises were searched while you were in police
7 custody, were they not, and no further photographs or
8 negatives found?
9 A. No.
10 Q. All right. Then at 5.30 that same afternoon, were you
11 interviewed again and did you say this:
12 "After further consideration, contrary to what
13 I said, I am prepared to tell you that I have other
14 photographs in the form of negatives, around 30."
15 A. It is very confusing, sir, when you are talking about
16 photos, negatives, a certain number of photos.
17 What would you like to know, precisely? Whether
18 it was 4 o'clock or 5 o'clock, I had the intention of
19 returning those negatives and I believe that all
20 the negatives are in their possession at this moment.
21 Q. It is very simple. I will take it swiftly if I may,
22 Mr Sola.
23 You initially told the police about the three
24 photographs that Mr Selle had and five in total sent to
25 Big Pictures, your agent in London. You also told
43
1 the police that you had destroyed all computer traces of
2 these photographs, didn't you?
3 A. But the photos were already sent to Britain, to England,
4 to the United States, and I couldn't control them at
5 that stage.
6 Q. At about 4 o'clock in the afternoon you told the police
7 that you had no other sets of photographs in connection
8 with the accident in which the Princess was killed.
9 That's right, isn't it?
10 A. How could I remember what I said at 4 o'clock? If it is
11 something that is formal and official, then certainly.
12 Q. At 5.30, as I just put to you, you told a French police
13 officer, Christophe Dumas, that you were prepared to
14 tell him that you had other photographs in the form of
15 negatives, around 30, and you also told him that you had
16 left them with a Mrs Petit, didn't you?
17 A. Yes, yes.
18 Q. So, you had given them to Mrs Petit in order, what, to
19 try to keep them away from being found without your
20 consent?
21 A. I was called by the police, the criminal department, to
22 go to -- summoned by them, and they didn't ask me to
23 bring the negatives with me, so I left them with this
24 lady.
25 Q. Moving on, you I think say that you started to develop
44
1 these photographs that Mr Odekerken and Chassery had
2 taken at, what, about 3 o'clock in the morning?
3 A. Yes. I think.
4 Q. You have said that it was a very sophisticated
5 procedure; so it was time consuming, was it?
6 A. It was neither sophisticated nor time consuming.
7 Developing the photos takes about half an hour and to
8 number them takes some time also.
9 Q. You were in a hurry to do this, weren't you, because you
10 did not go to your own studio, you went to the Angeli
11 studio in order to have them developed, didn't you?
12 A. My agency did not have the right equipment to develop
13 the photos.
14 Q. You went off as quickly as you could after you had
15 possession of the negatives to the Angeli agency and
16 developed them, didn't you?
17 A. Yes, when (indistinct) search is underway, we try to get
18 as quickly as possible to get them processed.
19 Q. Yesterday, Mr Darryn Lyons gave evidence to this jury.
20 You know Mr Lyons, don't you?
21 A. Yes, I know Darryn Lyons.
22 Q. He says he received a telephone call telling him about
23 the crash and availability of photographs at about
24 five minutes past midnight, UK time. Five past one
25 French time.
45
1 A. Yes. That is correct.
2 Q. He also says that the photographs were with him in his
3 agency within about an hour. That would be right,
4 wouldn't it, Mr Sola? You were sending photographs to
5 Mr Lyons before 2 o'clock in the morning French time.
6 That is right, isn't it?
7 A. Undoubtedly, yes.
8 Q. You weren't hanging around until 3 o'clock to decide
9 what to do and then printing them out and sending them
10 at 20 to 5 in the morning. You had sent them by
11 2 o'clock, hadn't you?
12 A. I am terribly sorry but I can't remember the hours like
13 that. Certainly if you have reports saying that this is
14 what happened, then I agree.
15 Q. Mr Lennox -- do you know Mr Lennox, the picture editor
16 of The Sun newspaper here in Great Britain?
17 A. Yes.
18 Q. He told this jury, now a long time ago, that he had
19 received a phone call at about ten past midnight UK time
20 and that the photographs were waiting for him in Wapping
21 by the time he got to his office, as quickly as he
22 could.
23 You have no reason, I assume, to disagree with that.
24 The simple proposition, Mr Sola is: this is not hanging
25 around until 4.38 to send them off to Big Pictures; this
46
1 is you getting them out before 2 o'clock in the morning
2 French time, as quick as you could, wasn't it?
3 A. To whom, Mr Lennox or?
4 Q. To Big Pictures, and then to Mr Lennox from
5 Big Pictures.
6 A. Yes.
7 Q. Next, the jury have heard something about cooperation on
8 occasion between photographers and agencies. Were you
9 cooperating generally with Angeli agency that night when
10 you used their facilities to print off your photographs?
11 A. Yes, Angeli agency is formed of two parts; one
12 is regarding the press and the other one is to develop
13 photographs.
14 Q. Had you done a deal with the Angeli agency that night?
15 A. Not particularly. I know very well the people in Angeli
16 agency and I asked them whether they could do me
17 a favour and to use their studio to develop the photos.
18 Q. So you were a competitor they were prepared to advance
19 this competitive edge to for potentially extremely
20 valuable photographs just like that. Is that it?
21 A. It happens in this profession, friendship between
22 people. And there is no competition at that stage
23 because they did not have any photos at Angeli.
24 Q. They did not have any photographs? What about
25 Mr Martinez, was he not working for the Angeli agency?
47
1 A. Yes, he was. But he was arrested very early and his
2 photos were seized.
3 Q. Who told you that? Was that Mr Guizard told you that?
4 A. That he was arrested?
5 Q. Yes. You did see Mr Guizard that night, did you?
6 A. Yes.
7 Q. Did you strike a deal with him?
8 If we look at our photographs in Mr Martinez's case,
9 it is clear that he was taking photographs well on into
10 the rescue operation. Was there any deal between you
11 and Mr Guizard that you would hot foot it and get these
12 extremely valuable photographs, as you thought, out into
13 the market, Angeli would stay behind to get more snaps,
14 and you would share the massive profits that you
15 expected?
16 A. There was no arrangement or deal with Mr Guizard.
17 Q. I see.
18 A. It was quite a hot conversation regarding the fact that
19 I was going to use the photos.
20 Q. And his developing facilities to get your photographs to
21 market first.
22 A. There were no photos and they were not expecting any.
23 I assume he knew that his photographer was arrested.
24 Q. Mr Lennox, moving on, told the jury about a telephone
25 call that either came from or certainly involved
48
1 Mr Romuald Rat and some photographs.
2 Yet Mr Lennox ultimately received photographs that
3 came from your agency, via Big Pictures here in London.
4 Was that just a pure coincidence that you supplied
5 photographs that Mr Lennox expected to come from, in
6 some way, Mr Rat?
7 A. I do not quite understand what you mean.
8 Q. I will ask it once more and move on.
9 Mr Lennox received a phone call shortly after
10 midnight UK time, either from Mr Rat or from someone
11 speaking about photographs from Mr Rat. Very shortly
12 thereafter, within the hour, photographs from
13 Mr Odekerken had come via your agency and your London
14 agent, Big Pictures, to Mr Lennox.
15 Was that a pure coincidence that Lennox got
16 photographs from you rather than Rat, or was there some
17 arrangement in Paris?
18 A. I know of no arrangement. I had the photos, the other
19 agencies did not have the photos and Mr Rat was arrested
20 very early on that evening.
21 Q. I will move on then. I have asked already about you
22 giving negatives to Mrs Petit. I wonder if Mr Foley
23 would be good enough to bring up [INQ0042723].
24 Not a document, I think, sir, that anyone has
25 concentrated greatly on before, if at all.
49
1 If you could focus in, Mr Foley, on the top
2 paragraph, we will see what this is.
3 Mr Sola, at 10 o'clock in the morning on
4 5th September, the French police went and searched
5 the home of David Odekerken's mother. First of all, you
6 presumably came eventually to learn that the police had
7 searched your photographer's mother's house, didn't you?
8 A. I was not aware that the premises of parents of
9 the photographers were searched.
10 Q. All right. Well, if Mr Foley would be good enough just
11 to go down just after halfway, a paragraph beginning "At
12 my request ..." and the rest of that page, it seems that
13 in the furniture, do you see:
14 "At my request, Odekerken handed over a set of keys
15 placed on a low piece of furniture on the right of the
16 living room."
17 Mr Odekerken explained that these were the set of
18 keys for his Mitsubishi Pajero which is parked in a car
19 park in Rue Raynouard.
20 Mr Sola, Mr Odekerken lived in Rue Raynouard, didn't
21 he? Do you want the number?
22 A. Yes, he might have lived at Raynouard.
23 Q. His car was parked in the street where he lived, but
24 the keys to the car were at his mother's house. Have
25 you any idea why Mr Odekerken might have perhaps been
50
1 trying to hide his keys at his mother's house to that
2 Mitsubishi Pajero?
3 A. I have no idea.
4 Q. Mr Odekerken earned his living from being
5 a photographer, didn't he?
6 A. Yes.
7 Q. As did Mr Chassery; he also earned his living from being
8 a photographer?
9 A. Yes.
10 Q. Could Mr Foley please go to the next page of the
11 document. [INQ0042724]
12 I want to ask you if you can assist in any way to
13 explain this, Mr Sola. Top part, Mr Foley.
14 The officer records that proceeding with his
15 investigations he found in a blue cloth rucksack on the
16 ground in the hall a Canon EOS-1RS camera and a silver
17 metal Contax Kyocera camera, and apparently Mr Odekerken
18 said to him:
19 "Those are my cameras. I used the big Canon in the
20 daytime on the Saturday, the day the tragedy happened,
21 and the small Contax on the night of the tragedy to take
22 photos in the tunnel."
23 Are you able to offer any explanation as to why your
24 photographer, Mr Odekerken, had left those cameras at
25 his mother's house rather than keep them with him to do
51
1 his job?
2 A. I am not aware what he has done with his cameras
3 afterwards. I collected the films. What he has done
4 with his cameras afterwards, I don't know.
5 Q. He wasn't much use to you as a photographer, was he, if
6 he didn't have his cameras with him?
7 A. Well, I am a photographer and my cameras are at
8 the hotel.
9 Q. Mr Foley, could you take the second half of that page,
10 please.
11 I want to ask you a similar question. This officer
12 searching Mr Odekerken's mother's house found also on
13 the ground in the entrance hall a black cloth
14 Libre Cours rucksack containing a Canon EOS-1 camera,
15 with some details, and a black leather case with a Canon
16 logo containing a Canon Speedlite flash.
17 Odekerken explained:
18 "This camera and flash belong to Fabrice Chassery.
19 He used them on Saturday to follow Diana and Dodi."
20 Can you give us any clue, Mr Sola, as to why
21 Mr Odekerken and Mr Chassery might have decided to
22 conceal Chassery's equipment at this mother's house?
23 A. It is your interpretation that they hid them in his
24 mother's house. It might have been that they just left
25 them there for reasons of security.
52
1 Q. Had you noticed over the previous five days that two out
2 of your three photographers didn't seem to have any
3 cameras to do their job with?
4 A. Is this all their equipment, these two cameras,
5 a certain number of flashes? Is that all their
6 equipment?
7 Q. Put it the other way, Mr Sola, they hadn't got their
8 equipment that they had used to pursue the Princess and
9 Dodi Al Fayed. Did you notice they had changed their
10 kit over the past five days, both of them,
11 coincidentally?
12 A. If there were any other photos, I am not aware of them.
13 Q. That is what I want to ask you about, Mr Sola, other
14 photos.
15 The ladies and gentlemen of this jury earlier this
16 week heard Mr Lyons describe what he had been told by
17 Mr Odekerken and, in particular, about how, on the chase
18 from the Ritz to the Alma Tunnel, as the Mercedes car
19 carrying the Princess slowed at a traffic signal, your
20 photographer Mr Odekerken had managed to "bang off
21 a couple of shots", take some pictures.
22 First of all, Mr Sola, did you know that Odekerken
23 had taken those pictures on the journey from the Ritz to
24 the tunnel?
25 A. I do not remember these two photos.
53
1 Q. Do you remember any photographs taken on the journey
2 between the Ritz and the tunnel, Mr Sola?
3 A. No, I have not seen these photos.
4 Q. Really? Are you sure you haven't got them somewhere?
5 A. I haven't kept them.
6 Q. Very well. Mr Odekerken and Mr Chassery worked for your
7 agency alone. That is right, isn't it? At this time.
8 A. I suppose they could have worked for other agencies,
9 other companies. They were not my employees.
10 Q. But in any event, you provided eventually to the French
11 police, didn't you, a series of photographs from
12 Mr Chassery which included one or two shots outside
13 the Ritz Hotel -- sir, your page 35 -- and a number of
14 shots of Dr Mailliez in the tunnel treating the Princess
15 and events subsequent to that?
16 A. Yes.
17 Q. If you look please at page 35 through to page 54, those
18 are the photographs that you have conceded that your
19 agency received from Mr Chassery, aren't they? Is that
20 right?
21 A. Yes.
22 Q. Just while you have it there, rather fewer of them,
23 pages 108 through to 116, are the photographs that you
24 conceded your agency had from Mr Odekerken, aren't they?
25 Yes?
54
1 A. Yes, sir. I don't remember some of the photos but ...
2 Q. Are there any others that have you not yet given up,
3 Mr Sola?
4 A. No.
5 Q. Look, please, at page 23. These are photographs taken
6 by a Mr Benhamou. Do you know Mr Benhamou?
7 A. Yes, I know Mr Benhamou.
8 Q. On the left-hand side of page 23, and also page 24,
9 we can see helpfully marked up your photographer,
10 Fabrice Chassery, crouching down to take photographs of
11 the occupants of the back seat of the car. Do you see
12 that?
13 A. Yes, but it corresponds with this photo here.
14 Q. Which one? Can I help you, is it numbers 36 and 38?
15 Sorry, 37 and 38, is that it? Do you say 37 and 38
16 correspond, Mr Sola?
17 A. Page 37 or photo 37?
18 Q. It is page 37, top right, and page 38. Do you say those
19 two snaps correspond to what Mr Chassery was taking?
20 A. Yes, I think so, yes.
21 Q. Well, just look at 37, first of all, please. In
22 the right-hand of the picture, sitting in the front
23 passenger seat, is a figure we all recognise as
24 Mr Rees-Jones. You see that, Mr Sola?
25 A. Yes.
55
1 Q. Turn to page 38, please. Sitting in the same position
2 is Mr Rees-Jones. Do you see that?
3 A. Yes.
4 Q. Now go back to pages 23 and 24.
5 LORD JUSTICE SCOTT BAKER: I don't know if we cannot take
6 this more shortly.
7 Mr Sola, it is pretty obvious that Mr Chassery was
8 in the Rue Cambon taking photographs at this time.
9 A. Yes.
10 LORD JUSTICE SCOTT BAKER: Then if we look at Mr Chassery's
11 photographs, page 38, there is obviously a long gap in
12 time between page 38 and 39, isn't there?
13 MR CROXFORD: Sorry, sir, you are ahead of me. Would you
14 forgive me and let me finish this point?
15 LORD JUSTICE SCOTT BAKER: I thought we might try to shorten
16 it.
17 MR CROXFORD: There is a different point, I'm afraid, sir.
18 Your point, with the greatest respect, is obviously
19 right, but if you would be good enough to allow me to go
20 with the witness to pages 23 and 24, there isn't a long
21 gap in time, Mr Rees-Jones isn't in the seat, the front
22 passenger seat, when Mr Chassery is taking photographs.
23 It's a quite different point, sir.
24 Do you see that, Mr Sola?
25 A. As you see on this picture, he is right here and then he
56
1 goes around the car.
2 Q. Yes. Where are the earlier photographs, taken by
3 Mr Chassery, matching up to what he was doing at
4 pages 23 and 24?
5 A. I am afraid that some of the photos weren't-- as you can
6 see, they cannot be used. There might have been some
7 technical problems with the cameras and the photos
8 aren't that clear.
9 Q. Are there other photographs that aren't that clear that
10 show the car without Mr Rees-Jones in the front
11 passenger seat then?
12 A. Who? Mr?
13 Q. Jones. The man you can see in 37 and 38 in
14 the passenger seat, but he was not there -- you can see
15 him in the background at 23 and 24. Where are the snaps
16 that Chassery took, Mr Sola? Where are they?
17 A. Are you sure that the pictures that Chassery was taking
18 there, as you can see, correspond to these?
19 MR CROXFORD: I will move on, sir.
20 Can you go back to 38 and 39, Mr Sola?
21 Obviously, as the learned Coroner has already put to
22 you, Mr Sola, and I intervened, there is a big gap in
23 time between the photograph taken in Rue Cambon, 38, and
24 the photograph at page 39 in the tunnel, isn't there?
25 Where are the rest of the photographs Mr Chassery
57
1 must have taken, Mr Sola?
2 A. There are no photos between -- that were taken
3 between Cambon Street and the tunnel.
4 MR CROXFORD: I will move on, sir.
5 If you could go back to page 22, I want to ask you
6 about your other employed photographer, Odekerken.
7 Do you see the photograph at page 22? Helpfully
8 marked up with an arrow is Mr Odekerken, with his camera
9 up to his eye so that he can take photographs, Mr Sola.
10 A. I am afraid he is very far. There is a distance of
11 about 10 or 15 metres for the flash to be of any effect.
12 I can imagine that there would be no photos on his
13 camera, the negatives would be all black.
14 Q. You can imagine that, but if he was using a telephoto
15 lens, he would have had to have been back 10 or
16 15 metres from his subject in order to have taken his
17 snaps, wouldn't he?
18 A. It is not a matter of a lens at night, but the distance.
19 Q. I see. Mr Odekerken was an experienced professional
20 photographer who presumably would have known whether
21 it was worth putting the camera up to his eye in order
22 to be ready to take photographs, at the least, which is
23 exactly what he seems to have done. So, rather than
24 imagine that there were not any, Mr Sola, can you help
25 us, were there photographs taken by Mr Odekerken at this
58
1 time in the Rue Cambon?
2 A. I imagine that they are very pale on a negative and they
3 cannot be used.
4 Q. You imagine --
5 LORD JUSTICE SCOTT BAKER: Mr Sola, would you look at
6 page 108, please?
7 MR CROXFORD: You are ahead of me, sir.
8 That is the first photograph in time that we have
9 from Mr Odekerken's photographs in this bundle. Was
10 that the first one in the film? Or were there any
11 others?
12 A. No, no, it is certainly the first one. The photo
13 corresponds with the angle.
14 LORD JUSTICE SCOTT BAKER: With the what?
15 THE INTERPRETER: Angle.
16 LORD JUSTICE SCOTT BAKER: Have you seen any other
17 photographs taken by Mr Odekerken that night?
18 A. No, sir, but there might be some technical explanation.
19 LORD JUSTICE SCOTT BAKER: You had some photographs from
20 him, did you, that were taken outside the hotel, outside
21 the Ritz earlier in the afternoon?
22 A. Yes, there were some photos on the Champs-Elysees on
23 other films. And even coming out of --
24 LORD JUSTICE SCOTT BAKER: You see, it is a bit of a mystery
25 to us. We would like to see any photographs, if there
59
1 are any, taken by anybody between the end of the journey
2 down the Rue Cambon and the collision.
3 It seems a bit odd that there just aren't any. You
4 cannot help?
5 A. May I intervene or shall I just --
6 LORD JUSTICE SCOTT BAKER: Please, if you can help, what is
7 the answer?
8 A. There might be a technical explanation here because we
9 were using films rather than digital -- we were using
10 films, and during the process, when we were processing
11 these films, are the first good picture. We cut
12 the rest if they are not very clear or they are not
13 useable, then we throw them away. And if there were
14 photos of Princess Diana and they were not very clear or
15 blurry, then they would have been cut off and thrown
16 away.
17 LORD JUSTICE SCOTT BAKER: Yes. It seems a bit odd that all
18 the other photographers seem to have had the same
19 problem, if they took any photographs.
20 MR CROXFORD: If you will just indulge me for a couple more
21 moments, sir?
22 LORD JUSTICE SCOTT BAKER: Yes.
23 MR CROXFORD: On 2nd September 1997, Mr Sola, did you
24 explain to the French police, when they had asked you
25 some questions about the numbering on the corners of
60
1 the negatives that you had by then decided that you
2 would surrender, do you remember they were asking you
3 about why they seemed to have incomplete runs of
4 negatives, don't you?
5 A. I told them exactly the same thing. I told them if
6 there are certain photos that are unusable or are not
7 good on the negative, we cut them off and throw them
8 away.
9 Q. That is what you did, isn't it? You only provided
10 the French police three short clips of cut negatives.
11 A. It is possible that it was just one or two or three.
12 Q. Anything is possible, Mr Sola. Can we agree on this:
13 professional photographers use films with 24 or 36
14 exposures. That is what you told the French police.
15 A. Yes, sir.
16 Q. You told the French police the reason in connection with
17 the numbering:
18 "In answer to your question about the numbering of
19 the negatives in your possession, the reason that for
20 instance film A, which has nine negatives, starts at
21 number 5 and goes up to 13 is simply that the first four
22 photos are the start of the film, three or four photos
23 are wasted at the beginning to make sure the film is
24 working properly".
25 Is that what you said then?
61
1 A. Yes, absolutely.
2 Q. Then:
3 "The reason the three films end at number 13 on
4 film A, 24 on B and 17 on C is when the films used by
5 professionals have 24 or 36 exposures is
6 the photographer rewound his film because he had
7 finished his report."
8 So, apart from possibly film B on 24 being nearly
9 a complete roll, you only produced three rolls to
10 the French police, and you only produced a few images on
11 those negatives, didn't you?
12 A. Yes, but it seems a completely normal thing for
13 a professional as me.
14 Q. Was Mr Odekerken a grossly incompetent professional
15 photographer?
16 A. It has no link; it has nothing to do with that.
17 Q. He wasn't was he? You employed him because you regarded
18 him as being highly competent.
19 A. Yes.
20 Q. Look, please, at page 108.
21 You produced that photograph to the French police
22 taken by your employee, Odekerken, and the next two
23 images. The next two are poor quality, aren't they, 109
24 and 110? So are the next, 111 and 112. Poor quality,
25 Mr Sola? Yes?
62
1 A. From the historic point of view, they are very good. If
2 you can remember the --
3 LORD JUSTICE SCOTT BAKER: Well, 113 and 114 and 115 and 116
4 would not have won Photographer of the Year, would they?
5 A. Maybe in an artistic gallery.
6 LORD JUSTICE SCOTT BAKER: Perhaps.
7 MR CROXFORD: The four before that seem to suggest that
8 the photographer was extremely nervous, having failed to
9 focus and they had been blurred.
10 Where are the photographs that Mr Odekerken took
11 properly, doing his job, Mr Sola?
12 A. They show the Princess.
13 Q. You are quite happy to give the French police
14 the rubbish that appears in the last four. You did not
15 give them the rubbish from the other ones, as you tried
16 to persuade them.
17 Where are the photographs, Mr Sola?
18 A. There is no missing photos.
19 Q. Very well. The last thing I would like to ask you
20 about. I would like to go back and clarify this man,
21 Mr Salmon.
22 Is his name Laurent Salmon?
23 A. Yes.
24 Q. Did he live at 17 Rue Auguste Comte, 92 Vanves?
25 A. I have no idea.
63
1 Q. This is the man you suggest was off buying sandwiches at
2 the material time of the crash, is that right?
3 A. Yes, but it is not a confirmation.
4 Q. You see, we are going to hear some evidence very shortly
5 about the paparazzi telephoning one another frequently
6 during the course of that evening. If your man had been
7 off away from the Alma Tunnel, his colleague,
8 Mr Odekerken or Mr Chassery, would have summoned him
9 back quickly, wouldn't they?
10 A. To come back?
11 Q. To go back to the Alma Tunnel where they were doing
12 their work.
13 A. It might have been something that they would have done,
14 I would imagine.
15 Q. You would have wanted to know where your third man was,
16 wouldn't you, and get him back there to get the snaps?
17 It is right, isn't it?
18 A. I had the photos. I had one, two, three photographers.
19 The photos were there.
20 Q. Mr Salmon had been working the rest of the day, as far
21 as you understood, taking photographs of the couple in
22 Paris, is that right?
23 A. Yes.
24 Q. Did he have a car or a motorcycle?
25 A. I don't know whether he was on a motorbike or on a car,
64
1 I don't know.
2 Q. One or the other.
3 It is your understanding, isn't it, that Mr Salmon
4 was never interviewed by the French police about
5 the events of that night?
6 A. No, and it is for that reason I cannot quite understand
7 what was his role. He was not on the scene. He was not
8 there.
9 Q. I wonder if Mr Foley would be quick enough to bring up
10 [INQ0049486 - not shown] --
11 THE INTERPRETER: My Lord, he wants to go to the loo.
12 LORD JUSTICE SCOTT BAKER: You would like a break, would
13 you?
14 MR CROXFORD: I have almost finished, if that helps.
15 LORD JUSTICE SCOTT BAKER: Can you manage to wait a minute?
16 THE WITNESS: Of course.
17 MR CROXFORD: I sympathise with the reason, I suspect, at my
18 age. I would like the last part of page 488, [INQ0049488].
19 It appears that, sorry, I was wrong. He was
20 contacted by the police, your man Salmon, and if
21 we could bring up on the screen, he seems to have told
22 Officer Courvilliers that he covered the holiday of the
23 Princess of Wales and Dodi Al Fayed in Sardinia,
24 contacted you to inform you that the couple had left,
25 Laurent Salmon returned from Sardinia one week after
65
1 the incident in question.
2 Now, which was it? Was he telling the truth to
3 the French police and he was in Sardinia -- and I will
4 give you a clue, my next question will be, well, who was
5 the third man in Paris -- or was he telling the French
6 police something that was not true? I will give you
7 a clue, my next question will be to ask you if you know
8 why.
9 A. It is for that reason I told you, he might have gone to
10 buy some sandwiches, because his role on that night
11 escapes me still because, as I said, he is not my
12 employee, he might have been in Sardinia and there is
13 a different ...
14 Q. Mr Sola, you gave an interview to Channel 4 television,
15 didn't you, and told them about your recollection of
16 events?
17 A. Yes, I did have an interview.
18 Q. Mr Foley, could you wizard up [INQ0052807 - read out in court], please.
19 Foot of the page, last paragraph, please:
20 "Question: When you heard that the car had left
21 the Ritz by the back door, what did you think? What did
22 you then decide to do regards the end of that evening?"
23 This is an interview with you, Mr Sola:
24 "Answer: Because I was not on location, I had these
25 three guys out there."
66
1 Do you see that, "three guys out there"?
2 I think you told the jury earlier on that you had
3 a man, Lafargue, in Sardinia.
4 A. L-A-F-A-R-G-U-E. Lafargue.
5 Q. Thank you very much. He was in Sardinia. Three men.
6 Salmon off buying sandwiches. Why did he tell a false
7 story to the French police? Do you know?
8 A. No. It might have been me that created the role for him
9 that he did not have on that evening.
10 Q. You only had an organisation of pretty modest size,
11 Mr Sola, with three photographers. You cannot really
12 have created such a role if none existed, can you?
13 A. It is not an exact science to take photos.
14 Photographers are -- they organise themselves on the
15 field in how they see fit.
16 MR CROXFORD: Sir, I am grateful for Mr Sola's fortitude in
17 not taking a break. I think that is all I wanted to ask
18 him.
19 LORD JUSTICE SCOTT BAKER: Do you have any questions?
20 MR HORWELL: I only have a few questions. If Mr Sola wants
21 a short break.
22 LORD JUSTICE SCOTT BAKER: We will have a short break,
23 Mr Sola, for you now.
24 Just a short break, members of the jury.
25 (12.40 pm)
67
1 (A short break)
2 (12.52 pm)
3 (Jury present)
4 LORD JUSTICE SCOTT BAKER: Yes, Mr Horwell.
5 Questions from MR HORWELL
6 MR HORWELL: Mr Sola, my name is Richard Horwell and
7 I appear on behalf of the Commissioner of London Police.
8 I have only a few questions to ask you and you will
9 finish before lunch.
10 Can I ask you first about Laurent Salmon? Salmon,
11 Chassery and Odekerken worked together as a partnership,
12 didn't they?
13 A. Yes, sir, yes.
14 Q. And if -- if -- the three of them had been in Paris that
15 night, would you have expected them to be working
16 together?
17 A. Not necessarily.
18 Q. Thank you. Do you have any recollection of Mr Salmon
19 being in Paris that night?
20 A. I cannot remember.
21 Q. We will hear from Mr Odekerken next week in a statement
22 that will be read, a statement that he made on
23 4th September of 1997, the following evidence:
24 "I have gone into partnership with Fabrice Chassery
25 and a third person ..."
68
1 That must be Laurent Salmon, yes?
2 A. Yes, I would imagine, yes.
3 Q. "... a third person who has been on holiday in Corsica
4 for a fortnight."
5 A. Yes.
6 Q. Could Mr Salmon have been on holiday on the night of
7 this incident?
8 A. He could have been on holiday, yes of course.
9 Q. The photographs that Odekerken and Chassery took, has
10 either of them ever said to you that they had taken
11 photographs of the journey from the Ritz to the tunnel?
12 A. I do not think so. No.
13 Q. Have you ever seen any photographs of the journey from
14 the Ritz to the tunnel?
15 A. No.
16 Q. It has been suggested that you are deliberately not
17 telling the truth and that there are such photographs.
18 Are there any such photographs to your knowledge,
19 Mr Sola?
20 A. Between Rue Cambon and the accident?
21 Q. Yes.
22 A. Photos taken by Odekerken and Chassery?
23 Q. Those two principally, yes.
24 A. No.
25 Q. One of the suggestions that has been made is that if
69
1 we look at two photographs in the bundle -- and these
2 are photographs 23 and 24, please -- those are the page
3 numbers, 23 and 24. The suggestion has been made that
4 these photographs show Mr Chassery -- do you have them,
5 Mr Sola? Could you find them?
6 A. I have them, yes.
7 Q. The suggestion has been made that these photographs show
8 Mr Chassery taking photographs, and those photographs do
9 not exist in the photographs that we have from him.
10 Can we just analyse that suggestion?
11 We are told on a frequent basis not to assume
12 anything in this courtroom. Is there any evidence from
13 pages 23 and 24 that Mr Chassery is in fact taking
14 photos at that point? He is obviously ready to, but
15 the flash isn't working, is it, in either of those two
16 photographs?
17 A. No.
18 Q. And perhaps if we can at least assume this, the Princess
19 is deliberately turning away from him.
20 A. She might be looking away from Chassery but she is
21 straightaway in the axis of the other photographer,
22 Benhamou, looking straight --
23 MR HORWELL: Yes, yes, but looking away from Chassery,
24 obviously.
25 Thank you, Mr Sola.
70
1 LORD JUSTICE SCOTT BAKER: Mr Hilliard?
2 Further questions from MR HILLIARD
3 MR HILLIARD: Just this. Can we look at [INQ0046611].
4 Mr Sola, this is a table of your telephone records.
5 We don't need to look at it, but at 00.45, as I have
6 reminded you earlier, a telephone of yours called
7 Darryn Lyons at his home address, on a phone of yours,
8 the number ended in 03. All right? There are then no
9 calls from your telephones to Mr Lyons until the fifth
10 one down I think on this page, which is a telephone
11 number of yours, do you see on the left, that ends
12 in 87?
13 A. Yes.
14 Q. To the office now, so not Darryn Lyons' home address any
15 more but the office of Big Pictures, and the time of
16 this one is at 4.23.
17 After 00.45, there are no calls from you to him or
18 his firm until 4.23.
19 That number of yours that ends in 87, the one on the
20 left, was apparently your ISDN line. Is that the one
21 that was used to send the pictures?
22 A. Yes, it does correspond with the ISDN line which we used
23 to send the photos.
24 MR HILLIARD: All right. Thank you very much indeed.
25 LORD JUSTICE SCOTT BAKER: Thank you very much, Mr Sola.
71
1 Thank you for your attendance and your help. Thank you.
2 I think we will break off now until 2 o'clock.
3 The order of witnesses this afternoon, we have two
4 experts on the same topic. Is there any case for
5 dealing with them and getting them away first?
6 MR HILLIARD: Yes, I think there will be because they really
7 ought to be very short indeed. So we could get rid of
8 them -- if they don't mind me putting it that way --
9 deal with them and then there is a longer expert after
10 them.
11 LORD JUSTICE SCOTT BAKER: Thank you. 2 o'clock.
12 (1.04 pm)
13 (The short adjournment)
14
72
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