Hearing transcripts

10 March 2008 - Afternoon session

3 (1.54 pm)
4 (Jury present)
5 MR CROXFORD: Mr Gigou, when you interviewed Mr Benhamou on
6 5th September 1997, he told you this in respect of
7 the journey from the Ritz to the Alma Tunnel:
8 "During the shadowing of the Mercedes between
9 the Ritz and the tunnel, there were two motorcycles."
10 On that particular day, there were only two
11 motorcycles among the assembled photographers.
12 THE INTERPRETER: I am sorry, I can hear myself.
13 MR CROXFORD: You have echo; is that right?
14 THE INTERPRETER: Yes.
15 MR CROXFORD: I suspect at my volume, it is almost
16 intolerable.
17 LORD JUSTICE SCOTT BAKER: Is it so bad that we should
18 redial or can you manage?
19 THE INTERPRETER: Let me try. I think there is no echo any
20 more.
21 SECRETARY TO THE INQUEST: It is all right now, sir.
22 MR CROXFORD: Let me pick it up. He told you that between
23 the Ritz and the tunnel there were two motorcycles.
24 Mr Gigou, if you look at the statement, it is page 1
25 down towards the bottom, beginning "However, during

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1 the shadowing ..."
2 At 12.55 hours this statement was taken, on
3 5th September.
4 A. Yes, I can see that.
5 Q. He also told you that this meant that one of the two
6 motorcycles following between the Ritz and the tunnel is
7 that of Rat and Darmon, borne out by the fact they were
8 arrested, and he said:
9 "As for the second one, this can only be that of Suu
10 and his driver, whose name I do not know. His
11 motorcycle is a large red one, almost certainly a BMW,
12 not an off-road model."
13 So, taking it in stages, he was telling you that
14 there were two motorcycles on that chasing of the
15 Mercedes; do you see this?
16 A. Yes.
17 Q. And that he deduced that because one of them was
18 Mr Rat's with Darmon, the other one must have been
19 Mr Suu. Do you see that also?
20 A. Yes, absolutely.
21 Q. Now, by 17th October, when Judge Stephan interviewed
22 him, if you turn on to tab 3E, on the fifth page, just
23 below halfway down, Mr Benhamou said:
24 "There was also possibly a second motorbike. I do
25 not recall now who was on that motorbike. I said to

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1 the police that it was Suu but I am no longer sure of
2 this, as he had gone back and forth several times
3 between the Rue Cambon and the front of the Ritz.
4 I cannot say whether he was there at that point:
5 "I know that Pierre Suu had a red motorbike. He was
6 with the motorcyclist. I cannot, however, remember
7 the colour of the bike behind the Mercedes. I think
8 there were two people on that bike."
9 So, by October, by one route or another, Mr Benhamou
10 had doubts that it was Mr Suu. Do you remember that?
11 A. Well, I couldn't remember because I did not have access
12 to their testimonies being made before the magistrate.
13 I can only read this today.
14 Q. Very well. Now, we understand from the CCTV at the rear
15 of the Ritz that when the decoy Mercedes left, some
16 minutes after the crash vehicle, when the decoy Mercedes
17 left, Mr Suu was clearly visible following the decoy car
18 and what is more, the other motorcyclist we have heard
19 mention of, Mr Arsov, had arrived at the rear of the
20 Ritz just a few moments before the decoy car.
21 Now my question is this, can you assist: Did
22 the French police make any progress in identifying
23 the second motorcycle and who was riding it?
24 A. Well, I cannot remember, you would have to look in
25 the file to see whether an investigation was led for

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1 that matter. But I do not know.
2 Q. We have looked. You are not aware of an investigation?
3 A. No, it does not ring a bell. In my mind, we had
4 identified all of the paparazzi who were following
5 the Mercedes.
6 Q. Thank you very much. Could you move on? If we look
7 again in the bundle of paparazzi photographs, this time
8 at pages 23 and 24. These are the last two photographs
9 which Mr Benhamou produced to you, the French police, of
10 the journey from the back of the Ritz until the next one
11 you see, over at page 25, which is clearly a photograph
12 in the tunnel after the crash.
13 Now, Mr Gigou, if you look please at page 24,
14 the print you see there was taken from negative number
15 18 on the roll of film.
16 Now, of course, we don't know whether the film was
17 24 or 36 exposures but is it right to say that you never
18 saw negatives numbers 19 and following?
19 A. Well, I cannot say. I really cannot remember something
20 as precise as that ten years later, the numbers of
21 negatives that I have seen.
22 Q. Number 25, you see, is the start of a new roll, as
23 Mr Carpenter here has already told us, but you cannot
24 remember whether you saw any other negatives or prints
25 of the journey, photographs taken by Mr Benhamou? Is

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1 that right? If you cannot, that is very understandable.
2 A. I could not tell you. It is too long ago. And if they
3 existed, then they would be in the file.
4 Q. Very well. In respect of Mr Benhamou, he told you that
5 after he left the police on the following Wednesday,
6 3rd September, he met with his friend and fellow
7 photographer, Mr Veres at the offices of a German review
8 magazine called Bunte. Do you remember that?
9 A. Yes, I remembered when the testimony was re-read.
10 Q. Now, if Mr Benhamou had been here, I would have asked
11 him what he was doing there and whether he was trying to
12 sell some photographs. I cannot do that. I want to ask
13 you: did you or any of your colleagues go along to that
14 magazine and inquire why these two photographers had
15 turned up just three days after the crash?
16 A. Well, I do not remember if that has been done. You
17 would have to look in the file.
18 Q. Lastly this: if you still have open tab 3E, 17th
19 October, record of interview before the juge, at page 8,
20 Mr Benhamou is recorded as having said that, right at
21 the top of the page:
22 " ... point out that when talking very recently with
23 Veres we recall a car with some people in it on the
24 other side of Place Vendome. There are often plain
25 clothes police watching the place and I did not pay

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1 particular attention to this on the day [that being
2 Saturday 30th]. In any event, it was not a Fiat Uno."
3 Do you know, did anyone make any inquiries to try to
4 establish who might have been sitting in a car in
5 the Place Vendome as described there by Mr Benhamou?
6 A. Well, I am just discovering the matter today because
7 obviously until today, I did not have access to this
8 because it was heard by the magistrate. And to my
9 knowledge, there was no investigation concerning those
10 people, or this car.
11 MR CROXFORD: Thank you, Mr Gigou.
12 Sir, I did not manage nine minutes. I apologise for
13 that.
14 LORD JUSTICE SCOTT BAKER: Mr Horwell? Mr Hough?
15 Further questions from MR HOUGH
16 MR HOUGH: One more matter in relation to Mr Benhamou,
17 please.
18 Mr Gigou, you may remember that you were asked by
19 the other lawyer about a car which was seen immediately
20 in front of the Mercedes and which drove off and you
21 were referred to the evidence of Mr Boura. And you were
22 also asked whether the French police had made a search
23 for that car.
24 A. Yes.
25 Q. And you said you were not aware of any search. Now,

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1 were you aware that your colleagues obtained evidence
2 from a Mr Medjahdi and Miss Moufakkir that their car was
3 immediately in front of the Mercedes when it was out of
4 control, and that they drove off before later contacting
5 the police?
6 A. Yes, I remember this vaguely, but concerning the way
7 the question was asked by the other lawyer, I thought
8 it was about a car that had not been identified.
9 Q. Did the evidence of those who were in front of the
10 Mercedes when it lost control affect what vehicles you
11 ended up looking for?
12 A. Well, I do not think so. At least, I do not think that
13 it was that testimony that led us to investigate about
14 a white Fiat Uno.
15 MR HOUGH: Thank you. Now, I am going to move on now to
16 Mr Martinez and Mr Guizard. And sir, by agreement, I am
17 proposing to read the statements of both of these
18 witnesses first and then questions will be asked of them
19 together, because they come as a piece.
20 LORD JUSTICE SCOTT BAKER: Yes.
21 MR HOUGH: If you can begin, Mr Gigou, by looking at
22 tab 11B?
23 Statement of MR CHRISTIAN MARTINEZ (read)
24 MR HOUGH: This is a statement made to you by
25 Christian Martinez on 31st August at half past 10. And

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1 I will read it:
2 "Yesterday ... I was in the street when I learned by
3 telephone from a colleague, Serge Arnal, that Lady Diana
4 was in Paris. Mr Serge Arnal is also in custody here.
5 "As Lady Diana is a personality, I did not even
6 consider not going, and I immediately took the metro in
7 order to travel to the Ritz.
8 "I had my equipment on me and as I had just sold my
9 car, I went there by public transport. Furthermore,
10 Serge was happy to drive me in his car, and I was only
11 four metro stations away. This took place between 1800
12 and 2000 hours.
13 "I arrived at the Ritz at the same time as Serge.
14 We realised that nobody was there any more, I mean by
15 that no more photographers. That meant that
16 the personality has left again. Incidentally, I had
17 learned during the call from Serge and later from him in
18 person, that Lady Di had been followed since her arrival
19 at the airport. It had been hairy as the motorcyclists
20 had been shaken off between Le Bourget and Paris, which
21 doesn't happen often.
22 "When we arrived at the Ritz, there was just one
23 photographer there, from the Sipa Agency, who is also in
24 custody and who is called Arsov. He did not really know
25 much. He is new and I don't know him well.

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1 "We decided to check the places that Lady Di was
2 likely to go.
3 "Arsov remained at the scene.
4 "I got into Serge's car, which is a black Fiat Uno.
5 "We went to the Champs-Elysees to the bottom of
6 a block where Dodi's father is supposed to have a flat.
7 It was Serge who knew of this address and it turned out
8 to be right, because there were about four to six
9 photographers outside.
10 "Amongst them were Veres, who is a freelance
11 photographer and Darmon, who is a stand-in motorcyclist
12 for the Gamma agency, who drives Rat.
13 "These three individuals are in custody here.
14 "We chatted about who had done what. Our intention
15 was to wait for the personality to come out. We found
16 that she was with Dodi and that their vehicles were
17 a Range Rover and a Mercedes. According to our
18 colleagues, there were three or four security people.
19 "I do not have a watch but we waited from about 2030
20 to 2200 hours.
21 "At one stage we changed places so as not to miss
22 them leaving, and in so doing, we unintentionally caused
23 all the other photographs who were on the lookout to
24 swarm together.
25 "So there must have been ten or so of us

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1 photographers waiting.
2 "At about 2200 hours, Lady Di and Dodi came out, her
3 in front and him behind. I was only able to get three
4 photos, which cannot have come out properly as my camera
5 was not set up to work with a flash. I did not pay any
6 attention to the security personnel present.
7 "The couple and their security staff used
8 the Range Rover and the Mercedes to travel to the Ritz.
9 The couple got into the Mercedes.
10 "When we got to the Ritz, we once again waited out
11 at the front to wait for them to come out. I am not
12 able to say who was or was not there at that stage.
13 "So we waited roughly two hours.
14 "The drivers put the cars, the Range Rover and
15 the Mercedes in front of the exit and asked us to remain
16 behind the bollards, which we did. It is what we do
17 when we are made welcome and when you can do your job.
18 It is not in our interests to get pushed back.
19 "Some other photographers arrived and some
20 passers-by also gathered. Then, in the end,
21 the security people tricked us because the couple
22 actually came out of the rear of the establishment.
23 "There were a few photographers at the back as
24 usual, but on that occasion we had all thought that the
25 exit would be made at the front and the majority of us

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1 were at the front. I think that all the photographers
2 who I have mentioned to you and who are also in custody,
3 were at the front like me.
4 "In order to come out via the rear, security used
5 a third car. I actually think that is why the accident
6 happened.
7 "I wasn't too impressed by this departure as
8 the Range Rover and the Mercedes went round the block
9 and returned into position. Serge and I, in his car,
10 went on to the Avenue de Rivoli, which is the route you
11 have to take whether you are leaving from the front or
12 the back of the Ritz.
13 "It was when we got to Place de la Concorde that
14 we spotted the car with the couple in it. We realise
15 it was the right car, as there were people in the rear.
16 "As far as I am aware, there were two photographers'
17 cars behind the vehicle in question, which itself was
18 a Mercedes, although I do not know if it was the same
19 one as at the beginning.
20 "The two following vehicles were: a green 4x4 and
21 a black Peugeot 205. I did not see how many people were
22 in those two vehicles. I know those two vehicles by
23 sight and I think they belong to freelance
24 photographers, whose names I do not know.
25 "In fact, Serge and I had set off at the same time

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1 as the Mercedes without knowing and outside the hotel de
2 Crillon we were level with our colleagues' cars. The
3 lights had barely changed to green when the driver of
4 the Mercedes pulled away very quickly, leaving everybody
5 standing.
6 "Serge and I were quickly shaken off because of
7 Serge's car.
8 "We followed from a distance, like the other two
9 cars ahead of us.
10 "The Mercedes went along the embankment on the right
11 bank towards the Trocadero at very high speed.
12 "I thought that the driver was going fast enough to
13 come off at the exit ramp at the Alma Bridge to make us
14 think that he had gone straight on. Although I say
15 this, I could not see the exit ramp in question, as
16 we had been so completely left behind.
17 "Darmon and Rat must have been in front of us on
18 their motorcycle as they were a bit quicker. I could
19 not see them and therefore do not know if they were
20 close to or far from the motorcycle."
21 Translators note:
22 "Meaning unclear, suggest the writer means the
23 Mercedes rather than the motorcycle.
24 "When I arrived in the underpass, I immediately saw
25 the car. I did not realise straightaway that it was

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1 the Mercedes that we were following. Serge and I went
2 past and came out of the tunnel and went to park up
3 outside. We then both returned on foot.
4 "It was when I was returning that I saw Rat. I do
5 not recall whether Darmon was there and I do not
6 remember seeing his motorbike at the scene.
7 "I think that some people had already stopped, that
8 there was a line of cars. I cannot really remember.
9 "What is certain is that of the people from my line
10 of work, the first on the scene were Rat and then
11 Serge Arnal and myself.
12 "At first, there was a moment of panic which lasted
13 a while. Some people were making phone calls, others
14 were trying to open the doors, mainly Rat. Then
15 we started taking pictures of the car.
16 "People then started arriving, photographers from
17 the cars that had been following. And then some other
18 photographers, who incidentally are now in custody.
19 "Some police officers were quickly on the scene, it
20 appeared to me. They started a to form a cordon for us
21 and the passers-by. We then waited for the emergency
22 services and watched. We nevertheless tried to take
23 some photos. The usual routine. We were trying to
24 phone coming out of the tunnel so the mobile phones
25 would work.

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1 "It seemed to take an abnormally long time for
2 the emergency services to arrive.
3 "In reply to your question, I tried unsuccessfully
4 to call the emergency services but my telephone wouldn't
5 work. However, I could hear everyone trying, and people
6 were saying they would not work and they could not get
7 through to the police. As far as I was concerned it was
8 perfectly obvious, everyone tries to call the police or
9 the fire brigade. It always happens like that, there
10 are loads of cars and people and I know that everyone
11 tries to phone the emergency services.
12 "In reply to your question, you could not do
13 anything for the people in the car. The doors would not
14 open. You could not do anything. However, I had
15 the impression that people were already busying
16 themselves around the car, and I know that you must not
17 touch anything, that you must not move a body.
18 "To reply to you, I do not know how many people were
19 in the car. I did not venture to peer inside
20 the people. Of course, I could see people inside.
21 I could see the driver and I could make out a man's body
22 in the back. None of them was moving.
23 "In reply to your question, I took the equivalent of
24 two films with 36 exposures and a few from another. All
25 my films were subsequently taken from me by the police.

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1 "I am unable to tell you if Rat took any photos at
2 the beginning. I remember that he was in a state of
3 shock. He was saying that he had been first on the
4 scene. He was also shouting that only the car should be
5 photographed. Therefore, we only took pictures of the
6 car. We were uneasy, and then gradually I was able to
7 get on with my job as a photographer. Then, when
8 the emergency services arrived, I started taking more
9 professional photographs.
10 "To reply to you, I was using a flash in the tunnel.
11 "I think that everyone took some photos. I saw some
12 photographers who had taken some pictures and who left
13 when things turned nasty. I stayed, because I felt that
14 I was just doing my job. I did not think I would be
15 arrested. I thought it would be like it is with a
16 terrorist attack, and that we would be pushed back
17 a bit. In any case, you have to get your photographs.
18 I did not think I would be incriminated for doing my
19 job.
20 "Question: do you have any recollection of people
21 rendering first aid to the injured?
22 "Answer: I have a vague recollection of people
23 rendering first aid to the injured and I have no
24 knowledge of first aid. I remember starting to take
25 photos of the inside of the car when those people were

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1 attending to the people in the car. The people who were
2 looking after the injured were dressed in dark clothing,
3 I thought they were paramedics. In any event, they were
4 not photographers. I was completely helpless given
5 the magnitude of the thing. I think if it had been any
6 other victim it would have been the same. The fact that
7 one is behind the camera is an aid, a screen. It
8 enables you to distance yourself.
9 "Question: Do you know the photographers who took
10 photos and left before the police arrived?
11 "Answer: Yes, I know them, but I wouldn't be able
12 to name them. It would be easy for you to find them,
13 especially since their photos will be published. They
14 were young photographers, all we know about them is
15 their first names.
16 "Question: Was there one or several photographers'
17 vehicles in front of the Mercedes before the accident
18 happened?
19 "Answer: No, that is impossible, it's too
20 difficult. What I think happened is that the driver was
21 going much too fast. He must have reached
22 160 kilometres per hour. Maybe he swerved to avoid
23 a vehicle that was travelling very slowly in front of
24 him. Then he lost control of the car. The accident
25 also was possibly due to the driver's state of mind.

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1 I do not know what speed Serge was driving at. He must
2 have been going flat out, doing 100 or 110 miles per
3 hour but I was not looking at his speedometer.
4 "Question: Have you given anyone the film of the
5 pictures taken at the scene of the accident?
6 "Answer: No.
7 "Question: What was the atmosphere between
8 the photographers right at the beginning, around
9 the damaged car?
10 "Answer: We were all helpless at one stage or
11 another. We went away, we came back. The first
12 reaction was one of being glued to the spot. The only
13 one moving around the car was Rat. I do not really know
14 what he did.
15 "Question: How was the arrival of the first two
16 police officers greeted?
17 "Answer: I thought there were more of them than
18 that. I remember one of them who was doing the usual
19 thing, pushing us back, then we did move back.
20 "Question: How did things go with Rat?
21 "Answer: I don't know what you're driving at.
22 I think Rat is a good lad, he does his job without
23 malice, like the rest of us. There was an accident and
24 it was dramatic. Rat has been doing this job for about
25 four years. He is young. He must have been shaken up

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1 by events. You shouldn't forget that we do
2 a respectable job. We photograph film actors and
3 singers for peanuts. It doesn't go very far.
4 "You tell me that witnesses saw Rat having words
5 with the first police officers to arrive. I wonder who
6 is saying that. I do not have any recollection of that,
7 but it is true that I too did not appreciate the police
8 pushing me away but, well, they were just doing their
9 job.
10 "Question: Have you any recollection of a member of
11 the public holding the heads of the injured in
12 the Mercedes?
13 "Answer: Yes, those are the people that I took to
14 be paramedics that I was talking about. It was from
15 that moment forward that I felt I had reverted to being
16 a professional photographer. This person must have
17 known what he was doing. We are always being told not
18 to touch an injured person.
19 "Question: Did you help the person or persons
20 trying to render first aid to the casualties?
21 "Answer: No. Nor did any other photographer do so
22 either. How could we have done so? Perhaps it was out
23 of a sense of propriety. It would have been the height
24 of arrogance to go and render first aid to people you
25 were following a few minutes earlier, and out of a sense

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1 of decency at the same time. I was dumbstruck by
2 the relationship between myself and the people in that
3 car."
4 And then the interviewer notes that the interviewee
5 broke down in tears.
6 "Question: Do you know who this told this person
7 that the occupants of the car did not speak English and
8 that the passenger was Lady Diana" --
9 LORD JUSTICE SCOTT BAKER: Speak French.
10 MR HOUGH: Sorry, speak French?
11 "Answer: I do not know, I did not hear any of that.
12 "Question: Do you remember you (the photographers)
13 were spoken to by the individual who was trying to
14 render first aid to the injured?
15 "Answer: I can only recall being criticised by that
16 person at the car in respect of our photos, but what
17 could I do and that man, and I do not know where he came
18 from, seemed to know what he was doing. And then. Very
19 shortly I heard someone say 'they are all dead' at the
20 beginning, during the first few minutes of indecision.
21 "Question: One witness heard someone call out
22 'she's alive', did you not hear that?
23 "Answer: I did not hear those words but when
24 the chap was attending to her, I could see that she was
25 alive. She was moving, her eyes anyway. But I heard

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1 very few sentences, very few words spoken.
2 "Question: Some witnesses describe a verbal
3 disagreement and a scuffle between Rat and yourself,
4 what is that about?
5 "Answer: I do not remember that. Would I have
6 described Rat as a good lad to you if that had happened?
7 I remember Rat saying that we should only take pictures
8 of the car. Maybe that was when Rat himself did not
9 want to take any photos, possibly because he was very
10 shocked. I know that as far as I am concerned, at one
11 stage, I took some photos in order to do as all
12 the others were doing. It's my job.
13 "I do not deny that this argument took place but
14 I do not remember it. I wonder why I would have argued
15 with him. I am a bit touchy and have a short fuse.
16 "Question: Did you not argue with Rat in these
17 terms 'fuck off, I'm doing my job, I'm like you too'?
18 "Answer: Such words could only be spoken if one is
19 preventing the other from taking photographs. However,
20 neither one of us prevented anybody from taking
21 photographs, but I could more easily see myself saying
22 that to him than vice versa. These people must be
23 mistaken. It must have been me who said that. It is
24 true that at first Rat only wanted us to take the car
25 and then we withdrew and only took the car. Then

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1 afterwards we got closer with the zoom, that is what
2 I myself did, in order to get the inside of the car and
3 we got that person holding a casualty. Then there was
4 a third series of photos with a fireman getting a man
5 out of the car. It is true that I took some photos,
6 I tried to take some.
7 "Question: What do you know about the condition of
8 the people that were in the Mercedes?
9 "Answer: I deduced that everyone was dead because
10 of the state of the car. Admittedly, someone was
11 tending to the people but I am not a doctor. Moreover,
12 the person who was tending to them seemed to be
13 a doctor.
14 "To reply to your question, there must have been
15 between five to six photographers around the car but
16 later there were some onlookers between the pillars and
17 I remember a long line of cars in the other direction.
18 "Question: Would it be possible to find
19 the photographers who were present at the scene and left
20 before making contact with the police?
21 "Answer: I could find them, but it is not up to me
22 to turn them in. In any case, that would not help
23 matters. They decided to leave and that is their
24 business. I will answer for myself. I could give you
25 four or five names but I cannot do so as I do not think

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1 it would be right."
2 That is the first statement. Can we move on now to
3 tab 11F and it may be useful now for the jury to have
4 the photographs in the bundle at page 77 and following.
5 Do you recognise that this is a statement made to
6 you by Mr Martinez again on 1st September at 10.15 am?
7 A. Yes.
8 Q. I am going to read that.
9 Second statement of MR CHRISTIAN MARTINEZ (read)
10 MR HOUGH: The witness confirmed everything he had said
11 the previous day and then said this:
12 "I note that the films I was carrying when I was
13 detained have been developed by the police.
14 "The films only contained photos taken exclusively
15 by myself and no one else.
16 "I took all the photos with the only camera I had on
17 me, a Canon RT fitted with a 35/150 lens and a Canon
18 flash, the equipment I was carrying when I was taken
19 into custody.
20 "I note that some photos were taken before
21 the emergency services arrived, as soon as I arrived at
22 the scene. It is true, because after the first moment
23 of panic, one of the first thing I did was to take
24 photos.
25 "I note that I was taking photos when the emergency

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1 team was at work, I remember that very well.
2 "I note that some of the photos are of the accident
3 victims. I remember taking photos of a man who was
4 trying to help the Princess and photographing
5 the Princess at an angle.
6 "I remember taking a photo of a body that was being
7 brought out, or just after it was brought out of the car
8 on the left. There must be firemen in the photo.
9 "There might also be more general views of the scene
10 of the accident, I mean what we call wider.
11 "That is all I remember and it seems to correspond
12 to what must have been developed by the police.
13 "In answer to question: I took the closest pictures
14 of the car from the central reservation where
15 the pillars are, that is about five 5 to 10 metres from
16 the car. And I used my zoom lens to take more close-up
17 shots.
18 "I want to tell you that I made a mistake yesterday
19 when I told you I tried unsuccessfully to phone
20 the emergency services from the tunnel on my mobile.
21 "Actually, I remembered that night that I had left
22 my mobile in Serge's car, the Fiat Uno we had parked
23 outside the tunnel. So I did not have a phone at any
24 time while I was taking photos.
25 "It wasn't until a lot of police officers turned up

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1 that I asked one of them to come with me to our car so
2 that I could phone the editor at my agency and possibly
3 other people, I can't remember now. On the other hand,
4 I did get calls on my mobile after that, but I forget
5 who they were from.
6 "In answer to question: when I was stopped and
7 questioned I did actually have my mobile with me.
8 "Yesterday I told you I tried without success to
9 contact the emergency services on my mobile, but
10 actually it was the people round me I saw trying to
11 contact them.
12 "In answer to question: I never at any time went to
13 get my mobile phone to try to ring the emergency service
14 while I was taking photos of the crashed car.
15 "In answer to question: I don't remember anyone
16 getting on the hold of the emergency service while I was
17 there but I do remember a man I do not know saying
18 'I can't get 12'. At the time, I did not realise that
19 12 was not the number for the emergency service.
20 "I should say that there was a lot of commotion in
21 the tunnel, all the photographers were rushing backwards
22 and forwards. I remember Rat in particular, he was
23 talking a lot.
24 "Looking back, I do also remember that Rat had
25 a problem with a police officer and I tried to calm

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1 things down by telling the police officer that Rat was
2 young and upset by the situation. But I do not know why
3 there was a situation between Rat and the police
4 officer. It happened after the police had kept us away
5 and made us go to the other side of the reservation.
6 "On the other hand I still don't remember having an
7 argument with Rat, or if I did, it was at the same time
8 as the argument with the policeman. I really cannot
9 remember.
10 "You tell me that the witnesses recognised me as
11 the photographer who was talking about Sarajevo. That
12 is true, I remember it. I did actually make
13 a comparison with Bosnia. When I said that, I was very
14 much on edge. A lot of people were turning up,
15 policemen and others. I said it in reaction to
16 the comments that we, the photographers, were having to
17 listen to about our being in the tunnel.
18 "What I meant was in Bosnia and Algeria hundreds of
19 people die every day and people don't get up in arms.
20 But there, because we were taking pictures of a car
21 accident, everyone was having a go about it.
22 "In answer to question: I do not remember colleagues
23 helping the injured. I did not help them either but
24 I should say that I did not stay close to the car.
25 I remember Rat trying unsuccessfully to open one of

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1 the car doors. He was moving a lot around the car.
2 "In answer to question: I definitely don't remember
3 seeing another car between ours -- Serge's Fiat -- and
4 the Mercedes we were following. I should add that there
5 was only the Mercedes and our car at the traffic lights
6 from which you take that fast lane from Concorde.
7 "After that, on the road between Concorde and where
8 the accident happened, I do not remember seeing any
9 vehicles apart from the Mercedes we were following which
10 I think I lost sight of before the first tunnel.
11 Anyway, the driver of the Mercedes accelerated and left
12 us behind at the first tunnel.
13 "I confirm that when I got to the scene of the
14 accident, there were no vehicles there apart from
15 the crashed Mercedes. Anyway, we managed to get past
16 and parked further on. What surprises me is that I do
17 not seem to remember Rat's motorbike at the scene.
18 "To answer your question, Serge and I were not
19 overtaken by any vehicles belonging to colleagues or
20 members of the public between Concorde and the scene of
21 the accident. I am sure it was Rat who got to the scene
22 first, anyway, he's said so enough times. Serge and
23 I arrived after that.
24 "I am sure that there was no one else involved in
25 the accident when I arrived at the scene.

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1 "In answer to your question: the only two-wheeled
2 vehicle behind the Mercedes was the motorbike with Rat
3 and the new boy, Darmon, on it.
4 "In answer to question: I confirm that all the
5 photos I took of the crashed car are in the films I was
6 carrying when I was stopped and questioned. I did not
7 hand any over to anyone who left the tunnel with them.
8 "Question: Can you tell us the names of
9 the photographers who were at the scene of the accident
10 and left before the police arrived?
11 "Answer: No, I can't tell you exactly who was there
12 and who was not, but on principle, I prefer not to tell
13 you the people I could say were there whose names
14 I know."
15 Then can we move to the statement under tab 11G,
16 please.
17 Further statement of MR CHRISTIAN MARTINEZ (read)
18 This is another statement made to Mr Gigou on
19 1st September, the Monday, at 1825 hours by Mr Martinez.
20 He confirmed his previous statements and said this:
21 "To reply to your question on the evening of the
22 incident and at the time of my arrest, I was in
23 possession of an 'Ericsson' make mobile telephone, a 388
24 model, I think."
25 And he gave the number:

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1 "I take note that you are going to consult
2 the memory of my mobile phone and consult the list of
3 the last numbers called from it.
4 "I remember having called the head of information at
5 the agency that employs me, who is called Alain Guizard.
6 "With regard to the other numbers, if I see them,
7 I would be able to tell you whose numbers they are, as
8 from memory, I cannot tell you the last numbers
9 I dialled.
10 "I take note that you are showing me the photograph
11 album put together by your department which contains
12 the shots that were on the films that I was carrying at
13 the time of my arrest.
14 "These are definitely the shots that I took at
15 the scene of the accident. They are all there and they
16 are all taken by me.
17 "I note that the shots were taken before the arrival
18 of the emergency services and the police. This
19 correspondence to what I have already told you. I did
20 not indeed take shots of the car and its occupants once
21 the initial panic I felt had subsided.
22 "Question: On two occasions you stated that you
23 knew the photographers who were in the tunnel and who
24 left before the arrival of the police. Are you prepared
25 to give us the names of these people?

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1 "Answer: No, not at the moment. I am waiting to
2 see my lawyer.
3 "Question: Are you aware that you are delaying
4 a police investigation into the deaths of several
5 people?
6 "Answer: No, I am sure that you already have these
7 names.
8 "Question: If we do not have the names in question
9 would you be prepared to give them to enable us to
10 progress with our investigation?
11 "Answer: Yes.
12 "Question: These names that we are missing, will
13 you give them to us?
14 "Answer: To return to the departure from the Ritz,
15 it is true that Serge and I were in front. However,
16 it was thanks to a telephone call from a colleague that
17 I learned that the celebrities were leaving the premises
18 by the rear entrance. I was totally unaware of where
19 they were going. However, as I explained. They had to
20 go via Concorde. Serge and I therefore took this
21 direction and caught up with the Mercedes. Then
22 everything took place as I have already explained, using
23 the vehicles I have partially described -- namely
24 the motorcycle belonging to Rat, the black 205 and
25 the four-wheel drive.

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1 "With regard to the names of the photographers I saw
2 at the scene of the accident and who left before
3 the arrival of the police, I will only reveal them after
4 I have consulted my lawyer."
5 Then he noted that the police were proceeding in his
6 presence with a search of the last numbers dialled from
7 his telephone and then he said this:
8 "On reflection, I remember having called
9 Alain Guizard well before the accident and therefore,
10 it is this call that appears under last call. This
11 means that perhaps I did not call anybody from
12 the tunnel. I do not understand. Unless the action of
13 using the telephone's repeat key does not alter the list
14 of last numbers called. But I am not sure about this.
15 "Question: In order to give us a lead for
16 the inquiry, as you are refusing to give us
17 the identities of the photographers of interest to our
18 investigations, would you be prepared to give
19 the agencies that employ them?
20 "Answer: This is impossible, as they are freelance.
21 "Question: Didn't you tell your colleagues present
22 in the tunnel the agency for which the photographers
23 worked who left before the police arrived?
24 "Answer: I do not remember.
25 "Question: One of the people arrested at the same

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1 time as you states having heard you say 'the boys from
2 LSD have left with photographs', is this true?
3 "Answer: Indeed I do remember having said that.
4 I did not tell you because in fact these photographers
5 in question are freelance. I said that to my colleagues
6 so that they understood in one sentence and on that
7 particular day, I had learned that these photographers
8 in question were planning to work for LSD?
9 "To reply to your question, perhaps I made a remark
10 on this subject but I do not remember.
11 "Question: Did you not say that LSD was lining its
12 pockets?
13 "Answer: No. I do not remember but perhaps I made
14 a similar remark.
15 "To reply to your question, this similar comment
16 implied that LSD was going to circulate these
17 photographs and therefore make a profit."
18 And that is the statement of Mr Martinez. The final
19 statement of Mr Martinez is at tab 11H, Mr Gigou.
20 Further statement of MR CHRISTIAN MARTINEZ (read)
21 This is a statement to the juge on
22 10th October 1997. Mr Martinez says this:
23 "Events prior to the departure from the Ritz.
24 "Reply to question: I had been notified by
25 Serge Arnal on a Saturday afternoon that Princess Diana

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1 might be coming to Paris. Serge Arnal is someone I know
2 well and with whom I regularly work. He had left me
3 a message on my mobile.
4 "When I received his message, I called him back. We
5 decided to meet up at the Ritz which was the suspected
6 stopping off point. I travelled there on the metro and
7 met Serge Arnal in the area in front of entrance to
8 the Ritz. He had travelled there in his black Fiat Uno.
9 When we arrived, we saw that there were no photographers
10 and concluded that the couple were not there. Only
11 Arsov was there but either he had not seen anything or
12 had not been there at the time of the departure.
13 We left him there and decided to check a few addresses
14 that we knew. Serge Arnal knew the address in the Rue
15 Houssaye where Al Fayed's father had an apartment which
16 I did not know about. We went there and came across
17 other photographers which served as confirmation to us
18 that the couple were at that location. The main people
19 that were there Veres and Rat, whom I know, and Rat's
20 motorcyclist Darmon, whom I did not know. We started
21 chatting with the other photographers to find out what
22 had happened up to then and learned that the couple, who
23 were in the residence, were travelling in a Range Rover
24 and a Mercedes. We positioned ourselves to wait for
25 the couple's departure. We waited for an hour and

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1 a half until 2200 hours.
2 "The Mercedes and the 4x4 were moved round to the
3 front of the entrance. The couple arrived and got
4 straight into the car and we took a few pictures at that
5 point.
6 "Reply to question: there were roughly six or seven
7 agencies represented from the eight or ten people
8 present. I personally was not present at any
9 altercation between anybody at that stage. I did not
10 have any contact with the security people during that
11 waiting period.
12 "We got into Arnal's Fiat Uno and followed
13 the convoy, which was travelling at a normal speed and
14 complying with the traffic signals, as far as the Ritz.
15 At that location, I took a few photos of the couple
16 getting out of the car and going into the hotel through
17 the main door.
18 "Someone in the group, I cannot tell you who, told
19 me the couple were going to dine there but would be
20 coming out later. I should add, I would rather have
21 received information to the contrary, to the effect that
22 they would not be moving, which would have allowed me to
23 call it a day and go home. However, we decided to
24 remain in place and wait.
25 "My recollection is that I went fairly quickly to

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1 the exit in the Rue Cambon because I thought it was from
2 that point that the couple would be leaving. Given that
3 people sometimes leave again very quickly after having
4 gone inside, we wanted to check that this was not what
5 they were going to do. I therefore went very quickly
6 round the back with Arnal after we arrived. It was just
7 the both of us at first. Guizard, my news chief came to
8 bring me something to eat at this location. We heard
9 that if everything went well, the couple would probably
10 be leaving by the main exit. We returned to the front
11 in Arnal's car. We arrived after everyone else and had
12 some difficulty in finding a space because the other
13 photographers were better positioned in front of the
14 Ritz. At one stage, there was a false departure
15 involving the 4x4 and the Mercedes which were parked in
16 front of the Ritz and which went around the square in
17 order to return to their initial positions. I was still
18 convinced that they would be leaving from the rear and
19 I asked Alain Guizard to remain there. I said this to
20 him by telephone.
21 "Reply to question: I do not personally recall
22 having seen the drivers, members of the security staff
23 or Henri Paul, who I did not know. I do not generally
24 speak to these people as it is a waste of time in my job
25 and a possible source of disinformation. It was after

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1 a fairly long wait in front of the main entrance to
2 the Ritz that Guizard telephoned me to tell me that they
3 would be leaving via the rear.
4 "Events following the couple's departure.
5 "I passed the information that Guizard had given me
6 to Arnal. When we knew the departure would be via
7 the rear, there is a route that you have to follow via
8 the Place de la Concorde and we decided to go to that
9 location. During this part of the journey, I called
10 Guizard back and he told me that the couple had left in
11 a Mercedes.
12 "Arnal and I picked the Mercedes up, it was
13 stationary at the lights in front of the hotel Crillon.
14 Around it was Alain Guizard in his light-coloured 205,
15 there was someone in a 4x4, I think it was Ker and
16 I also remember Serge Benhamou on a scooter. I also saw
17 a black 205, it could have been Chassery's although
18 I could not see the people inside the cars. When
19 I arrived at the traffic lights, I said to Alain
20 Guizard, who was in front of me, to let me past and
21 I then ended up directly behind the Mercedes. When
22 I had got behind it, after a few seconds the Mercedes
23 pulled away. I do not remember it jumping the lights.
24 The Mercedes sped off, as did we, in a bid to stay
25 behind it. My thinking at that stage was that

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1 the couple were simply going to the Rue Arsene Houssaye
2 as part of a completely normal itinerary. At no time
3 did I think that anything other than that would be
4 happening. When you have 25 photographers with
5 flash-guns behind you, you do not decide to do something
6 unusual or exceptional. Incidentally, when there are
7 several of us with flash-guns behind a VIP, this
8 virtually eliminates any chance of getting a scoop at
9 that moment.
10 "Reply to question: we very quickly lost sight of
11 the Mercedes, this was probably by the first underpass,
12 Alexandre III. I do not remember us as having been
13 overtaken at that stage, although this must have been
14 the case with Rat. I think the fact that I was only
15 a passenger diverted my attention from what was
16 happening on the road and I do not remember any other
17 vehicles at that time. Upon exiting the Alexandre III
18 tunnel I asked Serge Arnal to see if the Mercedes had
19 come out. We then arrived at the Alma Tunnel.
20 I remember telling Serge Arnal to cut in on the bend at
21 the entrance to the tunnel as I know it is dangerous.
22 "We arrived in the tunnel. We immediately saw the
23 Mercedes, it had crashed and was facing us in
24 the right-hand lane. There were no vehicles between it
25 and us. We went past it in the left-hand lane. It was

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1 fairly tight. I thought that someone had had a serious
2 smash in the tunnel but without thinking at that moment
3 that it could be Diana's car. We went past the car very
4 quickly at 90 or 100 kilometres per hour. We stopped
5 roughly 20 metres from the car. I do not remember at
6 all the presence of any other vehicles at that stage.
7 There were already some cars stopped on the other side,
8 but not on our side. I got out of the car, with my
9 camera, I believe. We made our way to the scene and
10 it was at that stage that I remember Rat being present.
11 I remember him, possibly not at that very moment, but
12 immediately afterwards being shocked at what was
13 happening and running in all directions. I very quickly
14 realised that it was Diana's car. There was then
15 a brief period of incredulity that nevertheless seemed
16 long to me and I could hear the odd word. Someone said
17 'they are all dead'. I heard someone say that they
18 could not get through to the 12 or 'I cannot dial 12'.
19 The traffic was at a stand still on the other side and
20 people were on the central reservation. During this
21 period of panic when I was in shock I did not use my
22 phone as I did not have it on me. I had left it in
23 the car. I remember Arnal had gone by me to phone and
24 it may have been him that he could not dial 12. He
25 meant in fact 112. I also remember Rat trying to open

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1 the door. As I recall, he tried but did not succeed.
2 It was the rear left hand door of the car. I did not
3 see him open the rear right-hand door. I personally did
4 not try to do anything as I felt incapable of doing
5 anything constructive that would not be dangerous.
6 "I did take some wide angled pictures of the car,
7 I do not know if it was then or after parking our car.
8 I do not recall any others taking photos during this
9 period. These first moments must have lasted a few
10 minutes but I had the impression it was longer. I was
11 in a state of shock at this stage.
12 "Arnal and I went to the car because I think it was
13 me that wanted to move it. There were no other parked
14 cars. I think the cars that had arrived later parked in
15 front of the Mercedes. We therefore moved the Fiat Uno
16 to a small road by the tunnel exit. As I returned,
17 I saw Guizard at the [entrance] to the tunnel. I must
18 have spoken to him, but I do not remember what was said
19 and I went back down to rejoin Arnal. At that stage,
20 I know there were people in all directions. It was
21 perhaps only at that point that I began taking photos,
22 feeling that I was a photographer once again. My
23 reaction was to take wide-angled photographs to give
24 a view of the accident. I then took some photos as
25 a rescue worker was kneeling by the open rear right-hand

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1 door. I took these 350 zoom.
2 "Then I did a series of photos of a body which was
3 being removed from the car by the emergency services.
4 I believe it was the fire brigade. I later found out
5 it was the body of Al Fayed. I only took a very few
6 photos at that precise moment because I was shaken up by
7 what I had seen. I remember taking about three or four
8 photos, one after the other.
9 "Question: Did you have an altercation with Rat
10 during this second period?
11 "Answer: I personally do not remember having such
12 an altercation with Rat along the lines of the witness
13 evidence that has been brought to my attention.
14 However, I do not challenge this evidence. I would also
15 stress that when there are several photographers, for an
16 outsider it can give the impression of being a 'free for
17 all'. As far as Rat is concerned, I remember him being
18 both overexcited and shaken by what he had seen. He is
19 not in any event someone who took photos in a cold
20 manner with no feeling for what was taking place.
21 He was shouting that we should only take pictures of
22 the car and by implication not of the people. I think,
23 however, he said this at the very beginning when
24 we arrived at the scene.
25 "Reply to question: I remember seeing two police

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1 officers in uniform arriving at the scene. Their
2 actions were what you would expect in these cases,
3 pushing the photographers away. One of the police
4 officers pushed me away physically. The policeman
5 seemed to be homing in on me although there were several
6 of us. He called me a vulture. This is something that
7 you often hear regarding the press in general. As soon
8 as you arrive at a location where there is human
9 suffering people have a low opinion of you. I do recall
10 talking about Bosnia and Algeria, saying that you should
11 go there, I do not remember how I concluded what I said.
12 I certainly did not mention Sarajevo to give
13 the impression that I have been there, because I have
14 not. These words were perhaps misinterpreted but
15 I would stress that I did not say this maliciously
16 because you can feel involved and have compassion for
17 what is going on in Bosnia and Algeria without actually
18 having been there. I should also point out that at no
19 stage did I prevent the emergency services from getting
20 to the vehicle as has sometimes been suggested. As far
21 as I was concerned, when this police officer arrived,
22 the person providing medical assistance was already
23 doing his job. This member of the emergency services
24 was, I believe, the doctor who went to help. After this
25 incident with the police officer, I carried on taking

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1 photos. He kept coming back over to me. There were
2 also other photographers present who I shall identify
3 presently. It was at this stage that I took the last
4 series of photos of Al Fayed. Then the BAC (Crime
5 Patrol Group) arrived. It was then that we were asked
6 to remain at the scene and we were rounded up in a group
7 on the other side of the central reservation.
8 "It is true that as far as I was concerned it took
9 a long time for the emergency services (fire brigade) to
10 arrive. This is because I had time to get out by
11 the Mercedes, to get back into my car, park it and
12 return to the Mercedes. This lasted possibly ten
13 minutes in all before the fire brigade arrived, but to
14 me it seemed long, even if that is a normal response
15 time.
16 "Reply to question: The only Fiat Uno that I saw
17 was the one in which I was travelling with Arnal. I did
18 not see any other vehicles of this type.
19 "Reply to question: I did indeed say to the police
20 that some guys from LSD had left with some photos.
21 I also possibly alluded to the fact that they would make
22 some money with those photos. I was referring to Ker
23 and Chassery because I had heard during the day that for
24 this report they were working for Laurent Sola Diffusion
25 but I would add that I did not see Ker and Chassery in

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1 the tunnel and certainly did not see them leaving.
2 "Reply to question: It is true that initially
3 I said to the police that I tried to call the emergency
4 services, because I could not remember not having my
5 phone on me at that moment in time. In fact, I never
6 had it and it remained in the car all the time."
7 The next section is headed, "The Photographs Taken"
8 and again, if we could have the photographs bundle at
9 page 77 and following:
10 "Reply to question: The film that I took previously
11 prior to our arrival at the Ritz was given to
12 Alain Guizard by me at that venue.
13 "Reply to question: I thought that I started by
14 taking wide-angled photos, but with the zoom, I was able
15 to take photos from 10 metres away. As regards
16 [page 77] you tell me that this is the first photo
17 taken. I do not remember, as I said a moment ago, if
18 I started taking photos before or after moving
19 the Fiat Uno. I would add that the remark I made is not
20 an attempt to be evasive on my part in that any event
21 all of these photos were taken prior to the arrival of
22 the fire brigade.
23 "In this photo you can see Rat leaning forward
24 inside the car. He is not taking any photos at that
25 point. The following photos from [page 78 to 90] were

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1 taken at the same time. I know that in [81] you can see
2 the doctor, I believe dressed in white, as he has some
3 medical equipment with him. He arrived on the scene
4 fairly promptly. In any event, he was there when I came
5 back after parking the car. The following photos were
6 taken rapidly one after the other. It is blatantly
7 obvious that I was trying to photograph Diana in these
8 pictures. I think I zoomed in to get them or the person
9 in white moved slightly to the left. These photos of
10 Diana go from [page 84 to 90]. They were taken in rapid
11 succession when the angle was opened up. I was possibly
12 1.5 metres to 2 metres away and passive. I remember
13 taking these photos. [pages 87 to 90] were taken in
14 a very short timescale of a few seconds.
15 "Reply to question: I do not remember having changed
16 films at that stage, as this is a reflex action as far
17 as I am concerned. [Pages 91 to 93] were also taken
18 before the arrival of the fire brigade. Two are
19 wide-angled shots of the car and the other shows
20 the doctor's equipment. I am surprised it should come
21 there because it is between two wide-angled shots.
22 Perhaps it is the last one from the other series. In
23 the following photos from [page 94] onwards, the fire
24 brigade has arrived. You can see that I am not close to
25 the car and I am not therefore hindering the emergency

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1 services. I remember taking the rapid sequence of
2 photographs when Al Fayed's body was removed. D448
3 relates to when the police officer came up in front of
4 me when I was taking a photo. I have nothing further in
5 particular to say about the other photographs that
6 I took."
7 "The Other Persons Under Investigation", first of
8 all he is shown the photograph of seven men:
9 "Number 2 is Rat. I have known him for three or
10 four years. I have already mentioned him. I saw him in
11 the Rue Arsene Houssaye and then I saw him in
12 the tunnel. I described what his attitude was like at
13 that stage a moment ago.
14 "Number 5 is Serge Arnal, who was in the car with
15 me. I have also mentioned his movements with me during
16 the evening. I have said that he tried to make a phone
17 call in the tunnel. I myself did not see him taking any
18 photos.
19 "Number 6 is a Langevin. I have known him for 15
20 years and he is an old wind. His speciality has nothing
21 to do with my own. He does the same job as me but in
22 another theatre of operations.
23 "I saw him for the first time at the venue at
24 the main entrance to the Ritz after returning from Rue
25 Cambon. I saw him again in the tunnel but this was when

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1 we had been moved aside slightly by the police.
2 "Number 4 is Arsov. He has been a photographer for
3 a short while. I saw him as I mentioned a moment ago at
4 the Ritz at the very beginning when I met up with Arnal.
5 I think I saw him again at the Rue Arsene Houssaye. He
6 must have gone back to the Ritz like us and doubtless
7 also waited outside the main entrance. I only saw him
8 in the tunnel when we had been rounded up.
9 "Number 3 is Veres. I had known him for about
10 twenty years. I remember him in the tunnel but prior to
11 that, I have no recollection.
12 "Number 7 is me.
13 "Number 1 is Darmon, who I had met for the first
14 time that evening. I did not know him previously.
15 I must have bumped into him in Rue Arsene Houssaye.
16 I then remember him in the tunnel when we had been
17 rounded up."
18 He is then shown the photo of five men:
19 "Number 1 is Serge Benhamou. He is the partner of
20 Laslo Veres and I have known him for about twenty years.
21 I must have seen him in the Rue Arsene Houssaye.
22 I called him during the afternoon after getting Arnal's
23 message in order to get some information about Diana.
24 He told me that she was there and that he was on the
25 case but he did not give me any further information.

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1 I saw him next at the ... traffic lights in front of the
2 Hotel Crillon to the left of the Mercedes. I do not
3 have any recollection of him in the tunnel, but I do
4 recall that you can see him in one of my photos.
5 "Number 2 is Chassery. It is probably his black 205
6 that I saw at the Crillon behind the Mercedes. I think
7 he was also present prior to that in the Rue Arsene
8 Houssaye. I also vaguely remember him in the tunnel.
9 "Number 3 is Suu. I saw him in the afternoon with
10 a Sipa motorcyclist.
11 "I know that his motorcycle was a red BMW. He was
12 at the Ritz in front of the main entrance. I have no
13 recollection of him apart from the return to the Ritz.
14 "I know number 4 as Ker. I think he also went to
15 the Rue Arsene Houssaye. The last memory of I have of
16 him is at the red lights.
17 "I have never seen number 5."
18 He was then shown the Ritz CCTV album and said that:
19 "In D184, Hounsfield appears in the middle. I must
20 have seen him in front of the Ritz. I cannot remember
21 recognise anyone else that I have not already mentioned.
22 Then the accounts of some witnesses are put to him:
23 "Gooroovadoo.
24 "Question: This witness recognised you as having had
25 the altercation with Rat, during which you exchanged

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1 the following words with one another 'fuck off, get out
2 of here, I am doing the same job as you'. He also said
3 that you had some words with the police. He said that
4 you were near to the crashed car when he arrived and
5 that you took pictures of the casualties without going
6 to their assistance?
7 "Answer: I do not deny that there may have been an
8 altercation between Rat and myself but as I said
9 a moment ago, it is the way that photographers talk to
10 one another when they are taking photos. Outsiders tend
11 to dramatise things. If this altercation is real, as
12 I believe, it could be the case. I cannot really see
13 the reason behind this if these were not Rat's words
14 when he did not want people taking photographs too close
15 to the car. I think you have to take this episode in
16 context as I remember well what happened with the police
17 officer. If there had been something significant with
18 Rat, I would remember that too?
19 "As to the fact that I took photos without helping
20 the injured, I already mentioned this. I have no idea
21 about first aid and I knew that the emergency services
22 had been informed. I would add that there were also
23 loads of people around doing nothing who are now
24 behaving in a holier than thou fashion and censuring me.
25 There were possibly 20 or 25 people there within ten

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1 minutes. When the emergency services arrived, there
2 were only ten photographers and there were considerably
3 more members of the public. What more did these people
4 do than us? We were going about our work. Why did
5 those people stay there and not leave or do something
6 constructive instead of criticising us?"
7 M Boura's account is put and he says:
8 "I have nothing particular to say about this witness
9 who seems to recognise me as being at the scene."
10 Mlle L'Hostis' account is put:
11 "Question: This person recognises you as being a
12 photographer who she asked to stop taking photos.
13 According to her, you told her that she should mind her
14 own business. She said ... that that had been done by
15 a gesture with the head?
16 "Answer: I do not remember a young woman asking me
17 to stop taking photos and cannot therefore have made a
18 gesture with my head to the effect that it was none of
19 her business. I think she must have been mistaken. She
20 mentions police officers with armbands on, whereas
21 I have no recollection of this."
22 And then the final document for Mr Martinez is
23 the section of the confrontation which begins at page 19
24 under the next tab, 11I.
25 I am sorry, I am told very helpfully that at an

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1 earlier stage I read out:
2 "As I returned I saw Guizard at the entrance of the
3 tunnel" when the statement said: the exit to the tunnel.
4 Moving on to the confrontation, this as we know,
5 June 1998, page 19 of tab 11H.
6 Mr Martinez's account is summed up to him and then
7 he accepts that and then there is a response from Arnal
8 to a question that is put:
9 "When I went to move my vehicle for the second time,
10 I think, contrary to what I said, that Mr Martinez was
11 with me."
12 And Guizard answers a question:
13 "When I met M Martinez, M Arnal was with him. He
14 was returning from moving M Arnal's car and it was at
15 that point that I mentioned the emergency services, to
16 which Arnal replied that they had already been
17 informed."
18 And then Martinez answers a question:
19 "I have a very vague recollection of the altercation
20 that I may have had with Rat. I think it was when Rat
21 reacted to what we were experiencing. I think this
22 altercation took place around the time that the police
23 arrived."
24 Then Rat answers a question:
25 "As far as I recall, the altercation with Martinez

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1 took place after the first members of the emergency
2 services had arrived."
3 Then Gooroovadoo, the witness, answers a question:
4 "This altercation between Martinez and Rat took
5 place, as I recollect, just after the arrival of the
6 first police car. I had the impression that Rat wanted
7 to stop Martinez from taking photos and that Martinez
8 was protesting. I remember Martinez says 'I do the same
9 job as you, let me get on with my work."
10 Then Martinez answers a question:
11 "It is true that had an altercation with the police
12 officers and that I mentioned Bosnia and Algeria.
13 I think that the police officers' reaction to
14 the situation was disproportionate. If I reacted as
15 I did, it was because I would not stand for one of them
16 calling me a vulture. I repeat I never mentioned
17 Sarajevo because I have never been there."
18 Then Dorzee answers a question, one of the emergency
19 service witnesses:
20 "I remember the altercation I had with M Martinez.
21 I also remember the words he used. He said, and I quote
22 'You get on my nerves, the cops in Sarajevo let you get
23 on with your work. If you had been under fire, you
24 would understand'."
25 Dorzee then says this:

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1 "I did not call Mr Martinez a vulture and I do not
2 remember this term being used. It is possible that
3 someone said it as there were lots of people around and
4 lots of things were being said, but it wasn't me."
5 And Mr Martinez says:
6 "My recollection, and I cannot be completely
7 certain, is that it was M Dorzee who called me
8 a vulture."
9 And Dorzee says:
10 "I should clarify the fact that when M Martinez
11 refers to the pressure we were under due to the presence
12 of VIPs in the crashed car, this is not accurate.
13 The pressure came from the journalists."
14 Then there is a response from Mr Gagliardone who is
15 another person from the emergency services:
16 "I was in fact present when there was a heated
17 exchange with M Martinez. Martinez said to me you only
18 have to go to Bosnia and you'll see I'm only doing my
19 job and I replied to him that I was only doing my job
20 too. I should add that until further police
21 reinforcements arrived, the journalists were very close
22 to the vehicle and my colleague had to push them back in
23 order to get to the vehicle. Meanwhile, I was in our
24 police vehicle calling the rescue services whilst
25 keeping an eye on them."

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1 Then the officer points out comments from
2 the witness L'Hostis and Martinez says:
3 "I have absolutely no recollection of this woman and
4 of the remarks she made."
5 And then there is a question from one of the lawyers
6 to the witness Gagliardone:
7 "Do you confirm the comments you made to the
8 Brigade Criminelle?
9 "Answer: I do."
10 That is, I think and I hope the end of
11 the statements for Mr Martinez. We will be going on to
12 Mr Guizard, but I think --
13 LORD JUSTICE SCOTT BAKER: That might be an appropriate
14 moment for a break. We will break as usual for quarter
15 of an hour then.
16 (3.10 pm)
17 (A short break)
18 (3.27 pm)
19 (Jury present)
20 MR CROXFORD: Before my friend continues with Guizard, may
21 I mention that there was some concern on this side of
22 the court from the members of the bar when my friend put
23 a question to Mr Gigou in connection with a car
24 travelling immediately in front of the Mercedes and drew
25 attention to some evidence from Miss Moufakkir, who did

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1 give evidence, whilst her driver, Mr Medjahdi has not
2 given evidence.
3 Sir, it was in context of Mr Boura and indeed other
4 witnesses, who were talking about a dark car travelling
5 very closely with the Mercedes and a motorbike.
6 My friend suggested that in that context,
7 the evidence of Miss Moufakkir was relevant, travelling
8 very closely or as he put it, immediately in front.
9 That certainly was not the understanding we had of
10 the evidence which had been given and we took
11 the opportunity of looking it out. For the benefit of
12 your note, it is page 65 of 6th November, where she
13 talked about 80 metres as the maximum and about 30 or
14 40 metres at the time of the impact of the Mercedes.
15 Furthermore, Mr Medjahdi makes it clear that his car
16 was a light grey Citroen, whereas the car being spoken
17 of, the second vehicle, was a dark-coloured vehicle.
18 The detail may be important hereafter. It is a matter
19 which there has been very careful consideration of on
20 the evidence and, with the greatest respect to my friend
21 and I quite understand why in the circumstances of a day
22 like today, the question was not put as fairly as
23 we would, with respect, say that it might have been.
24 MR HOUGH: One other thing to add, just so that the picture
25 is completed, immediately after saying 30 to 40 metres,

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1 she said very close but did not withdraw from 30 to
2 40 metres.
3 LORD JUSTICE SCOTT BAKER: Yes.
4 MR HOUGH: In any event, before we move on to Mr Guizard, my
5 learned friend Mr de la Mare has asked that one section
6 of another statement be read although there is no point
7 there, it is 11E and it is just one set of two facts in
8 a report of a search of Mr Martinez immediately after he
9 was held for questioning.
10 My learned friend would like it to be read into
11 the record that two 36 exposure films fully rewound were
12 recovered, which were Fuji films and a further film
13 inside a camera, the exposure counter number for which
14 was a number 14.
15 LORD JUSTICE SCOTT BAKER: Yes.
16 MR HOUGH: Without going into that statement any further,
17 that is a statement of Mr Boucharin.
18 Moving on to Mr Guizard, Mr Gigou, can I ask you to
19 look at tab 8A. That is a report by you of a statement
20 made by Mr Guizard on 3rd September 1997 at 1535 hours.
21 Statement of MR ALAIN GUIZARD (read)
22 Mr Guizard says this:
23 "I shall relate to you what I did during the course
24 of 30th August 1997.
25 "At around 12.30 or 1300 hours, I received

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1 a telephone call from Max Colin, a photographer in
2 Corsica who told me that he had received information
3 from the Olbia control tower in Sardinia that
4 Princess Diana's aeroplane would be landing at
5 Le Bourget in 40 minutes' time.
6 "I immediately informed a photographer so that he
7 could make his way there, it was Francis Petit with his
8 partner, Didier Feray. I also went there in person.
9 Others from our agency [the Angeli agency] went there
10 under their own steam including Laurent Cahouet, who is
11 a motorcyclist.
12 "At Le Bourget the photographers took some pictures
13 without incident. We were hoping to find out where
14 the convoy was heading. I myself waited in the car park
15 in my car, a grey/blue Peugeot 205 [and he gives
16 the registration, ending in 92]. I was in contact with
17 my colleagues by mobile phone.
18 "I then saw a convoy leaving the venue. As there
19 was a Mercedes and an Espace laden with luggage,
20 I followed as far as the Plaza Athene, where I realised
21 that they were the wrong vehicles. I would add that
22 I was tailing them at 50 kilometres per hour.
23 "Meanwhile, I received a call from two journalists
24 who told me that they had been unable to follow
25 the right convoy. They were on a motorbike about which

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1 I can provide no information. They said that the convoy
2 had been going too quickly and that it had lost them,
3 they had not wanted to take any unnecessary risks.
4 The motorcyclist on the blue BMW, of which I cannot give
5 you the model or the engine size, had also been left
6 behind.
7 "I advised them to go to the Ritz, where they were
8 told that the Princess was not there. I therefore
9 decided to try to find the property belonging to
10 Mohamed Al Fayed in the Bois de Boulogne.
11 "Having been joined by my three colleagues, we
12 managed to locate the property only to find it empty and
13 with no apparent signs of life. It is situated on
14 the Avenue Richard Wallace. We stayed there until
15 1930 hours.
16 "I went to the Ritz as I was still trying to find
17 out where the Princess could be. I came across my
18 photographers there. They had heard that Diana had
19 indeed been to the hotel and some other photographers
20 had managed to get some pictures.
21 "Having found out that the Princess was apparently
22 at an apartment by the Avenue de Friedland, they went
23 there. I was later to discover that they had got there
24 too late and were unable to take any photos. I went
25 back up the Champs-Elysees to join my boss in Neuilly.

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1 It must have been around 2000 hours.
2 "I went and had dinner with my boss, Dany Angeli,
3 and his female companion in an Italian restaurant in the
4 Rue de la Pompe in Paris.
5 "During the course of the dinner I was called by
6 Christian Martinez, who told me that he had been
7 informed of Diana's whereabouts by a colleague. As
8 Martinez and Petit do not get on, Petit chose to let
9 Martinez cover the event on his own.
10 "After dinner, at around 2230 or 2300 hours, I went
11 to see Martinez who was a little annoyed that I had not
12 sent him to do it."
13 Translators note:
14 "It is unclear what the writer means here, given
15 that Martinez is covering the event."
16 "I bought him something to eat. In order to meet up
17 with him, I called him on his mobile. He told me that
18 he was in the Rue Cambon at the back of the Ritz.
19 I went there. It was the first time that I had been to
20 the back of the hotel.
21 "In front of the Ritz, there must have been a 30 or
22 so strong crowd and ten photographers.
23 "Once I got round the back Martinez left me there on
24 my own and returned to the front. I was then joined by
25 Jacques Langevin who was driving his grey or black

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1 VW Golf with a 94 departmental registration, Serge
2 Benhamou on a scooter and Fabrice Chassery who was in
3 a black Peugeot 205 automatic.
4 "At around midnight, I called Martinez to tell him
5 that I had had enough and was going to leave. He told
6 me to wait because out at the front they were messing
7 around pretending to leave, I do not know why.
8 "I stayed and then Martinez called me back to tell
9 me that the subjects were going to leave via the rear.
10 I think Martinez had twigged this because in
11 the afternoon they had already apparently made a similar
12 kind of exit.
13 "I saw a young Ritz employee, who informed me that
14 the subjects were leaving. There were just the four of
15 us.
16 "As I am not a photographer and this was not really
17 my place, I pulled forward in my car to the junction
18 between the Rue Cambon and the Rue St Honore with a view
19 to indicating to my photographer colleagues which way
20 the vehicles were going.
21 "This is what I did once I was in the Rue de Rivoli.
22 Martinez asked me the Mercedes' registration. I could
23 not get it until we reached the front of the
24 Hotel Crillon and it was there, at the Place de
25 la Concorde, that Martinez told me that he could see me

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1 and asked me to let him take my place.
2 "I therefore reversed slightly in order for him to
3 be able to position himself just behind the Mercedes.
4 There were some flashes at this point, but I do not know
5 where they were coming from.
6 "I should point out that Martinez was in
7 Serge Arnal's car at this point. It is a small black
8 car.
9 "At that same moment, the Mercedes set off again as
10 the traffic lights were changing to green. I got
11 the impression that the car drove off very quickly.
12 The two motorcycles and the two cars that followed were
13 immediately left in its wake. The Mercedes set off much
14 faster than them.
15 "As far as the motorcycles were concerned, there
16 were three or four of them on two bikes. There were
17 colleagues from rival agencies as only Martinez was from
18 my agency. As they were wearing helmets, I do not
19 recall seeing their faces. I must know them, but I am
20 unable to say who they were.
21 "As for the cars, there was Arnal's and Martinez's
22 and a black one which could be Chassery's 205 or
23 Langevin's Golf and Serge Benhamou on his scooter.
24 "I then saw some photographers who had been waiting
25 in front of the Ritz arrive.

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1 "Reply to question: on the journey between the Ritz
2 and the Place de la Concorde, the Mercedes can only have
3 been travelling at 60 kilometres per hour. Its speed
4 did not really appear excessive to me.
5 "Reply to question: I could not say how many
6 photographers' vehicles followed the Mercedes like me
7 when it left the Ritz. I had hung back at the start so
8 as not to hinder the Mercedes' progress, so much so that
9 the occupants would not even have noticed me. I then
10 followed them but not closely enough in order to be able
11 to read the registration as Martinez asked. I managed
12 to get close up to it, which I managed to do alongside
13 the Naval Museum at the Place de la Concorde.
14 "it is true that on the evening in question
15 the situation was such that I followed the Mercedes in
16 order to be able to let Martinez know where it was.
17 Normally, this is not my job at all. However, it is
18 true that it is part of my duties and so that evening
19 I helped Martinez by following the Mercedes discreetly
20 and at a reasonable distance.
21 "I should point out that there were some other cars
22 at the Place de la Concorde.
23 "Reply to question: as far as I can recall, there
24 were no pedestrians around. In response to your
25 question, the flashes that I saw at this point were in

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1 the direction of the Mercedes.
2 "When the Mercedes pulled away that quickly from
3 Concorde towards the Right Bank, I decided to return
4 home. I took the same route, as it is on my way home
5 and I wanted to avoid the Champs Elysees, which was
6 busy.
7 "Two motorcycles thus chased after the Mercedes.
8 Behind them were Martinez and Arnal and some other
9 photographers' cars but I could not say how many.
10 I remember seeing Benhamou on a scooter at the Place de
11 la Concorde, he must have following the convey.
12 "On the journey between Concorde and the Alma Tunnel
13 I did not take a phone call from Martinez. His last
14 call was the one when he asked me to give him my place
15 behind the Mercedes at Concorde.
16 "On that part of the journey, I must have been
17 travelling at roughly 60 to 80 kilometres per hour.
18 I was driving in the left-hand lane and I remember it
19 being very free of traffic. I do not remember if
20 I overtook any cars.
21 "When I got to the Alma Tunnel, I could see smoke
22 and there was a smell of burning. Then I saw the
23 crashed car with no-one round it. I do not remember if
24 there were any other cars or damaged vehicles.
25 "I went past the Mercedes and on seeing

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1 the registration, realised that it was the Princess's
2 and her companion's car.
3 "The Mercedes was almost perpendicular to the
4 right-hand wall with the engine facing that wall.
5 I went by without lingering as I am very sensitive. My
6 impression was that the doors were not open and that
7 nothing and nobody was moving.
8 "I went by at walking pace without stopping and
9 without leaving my vehicle. I remember driving over
10 some debris. I reemerged and parked on the exit ramp.
11 "I ran into Martinez and Arnal there, they had
12 parked their car properly at the exit to the tunnel,
13 without impeding the traffic.
14 "I told them to inform the police. They both
15 answered that it had been done and continued on their
16 way, running towards the accident. They had their
17 cameras in their hands.
18 "I myself tried to get through to 712, which is
19 a number that enables you to speak to an operator who
20 would have put me through to the emergency services.
21 I think I heard the operator's voice but as Martinez or
22 Arnal or both had told me it had been done, I terminated
23 the call without requesting anything. It must have been
24 half past midnight but I did not look at my watch.
25 "Reply to question: I did not go down into the

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1 tunnel on foot. It was at the top of the ramp that
2 leads into the tunnel that I spoke briefly to Martinez
3 and Arnal. I possibly remained up there for about [and
4 then there is a gap] minutes because I then called my
5 boss to inform him of the tragic event and to ask to
6 come by and see him at home as I felt unwell.
7 "Reply to question: I did not take any pictures of
8 the scene. I did not have a camera and I did not go
9 down on foot into the tunnel.
10 "Reply to question: I did not receive any film from
11 anyone who took pictures in the tunnel. The only film
12 Martinez gave me is the completed one from the Ritz
13 Hotel. He gave it to me at about 2230 hours when
14 I brought him something to eat.
15 "Reply to question: I saw some photographers arrive
16 and start busying themselves around the car without
17 being able to make out what they were doing. I cannot
18 say who it was that arrived. I was not looking towards
19 the tunnel. I felt unwell and did not see any camera
20 flashes. There must have been some, because some
21 photographers have been interviewed about this. But
22 their flashes possibly went off when my back was turned
23 because I did not notice any while I was there.
24 "I arrived at Dany Angeli's in Levallois about 20
25 minutes later. I remained there for roughly half an

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1 hour and then returned with him to the tunnel. When
2 we arrived, everything was blocked off and the police
3 were already in attendance. We unsuccessfully tried to
4 meet up with Martinez. I had parked at the bottom of
5 the Avenue Georges V, in front of 'Chez Francis', and we
6 heard some bystanders saying that the accident was
7 serious, that some photographers had been attacked and
8 that there had been altercations between photographers
9 and onlookers, and with the police. It appeared that
10 the onlookers had not liked the fact that the
11 photographers were taking pictures.
12 "We went to our agency to inform our English and
13 foreign correspondents who had been calling as the news
14 had spread very quickly. Then I went home, at around
15 half past 3 or 4 o'clock.
16 "On 31st August, I it going round that seven
17 photographers had been arrested. With hindsight,
18 I remember that the names were indeed those of the men
19 under investigation.
20 "After that, I avoided taking too much interest in
21 what was being said in the press, as I was overwhelmed
22 by the tragedy.
23 "I would like to mention one important point
24 concerning the driver of the Mercedes. While I was at
25 the back of the Ritz with Langevin, Serge Benhamou

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1 pointed out to us that the man who had come out via
2 the rear ten minutes or a quarter of an hour before the
3 departure. He told us about the sign that the man had
4 made to him, crossing his lips with his fingers as if to
5 say 'I haven't said anything to you'. And he remarked
6 that he had known him for 25 years and that he was head
7 of security at the Ritz, but that for all those years,
8 the man had never so much as spoken a word to him.
9 "So as far as Serge Benhamou was concerned, this man
10 (who I did not know) had been drinking.
11 "We did not dwell too much on this. There was no
12 reason to do so at that stage. It was only later that
13 I found out that this man was the driver of the Mercedes
14 and that according to the media, he had alcohol in his
15 blood.
16 "Reply to question: As far as I could see, there was
17 not any verbal contact between the occupants of the
18 Mercedes and the photographers on the part of the
19 journey between the hotel and the tunnel.
20 "Reply to question: I was alone in my car. I did
21 not notice any female paparazzi amongst the
22 photographers on the part of the journey between the
23 hotel and the tunnel.
24 "Reply to question: I did in fact hear that there
25 had been some 'heated' moments between the photographers

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1 and the subjects' security people during the day.
2 However, I do not know where this took place, with whom
3 or at what stage during the day. I do not remember how
4 I came to hear this. As far as I was concerned, it was
5 just gossip, so I did not pay any attention.
6 "Reply to question: It is true that in addition to
7 the fact that I was working that evening, I was
8 a partial witness to events and should have got in touch
9 with you sooner, but I was distraught and did not know
10 what to do.
11 "As far as the vehicle I was using is concerned,
12 it is being repaired because my silencer came off. You
13 informed me that you would be making enquiries into
14 this."
15 M Guizard then agreed the statement and signed it.
16 The next statement to Mr Gigou is at tab 8C and is
17 a statement by Mr Gigou to the magistrate.
18 You will be relieved to know it is a little shorter.
19 Second statement of MR ALAIN GUIZARD (read)
20 The date of this statement is 29th April, 1998 and
21 Mr Guizard confirmed everything that he had said in his
22 statement to you and then said this:
23 "I am chief editor for the Angeli agency. I am not
24 a photographer but when I do not have too much work on
25 at the agency I sometimes go out to the photographers to

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1 where they are working. In this instance, that day
2 I was the person who received the tip-off that
3 Princess Diana and Dodi were due to land at Le Bourget
4 in the early afternoon. I let two of the photographers
5 who work at the agency know and went there myself to
6 check the information.
7 "I have a mobile phone like the photographers and
8 when I go out on a job, I communicate with
9 the photographers on the mobile. Each of them tips off
10 the others as soon as he has any interesting
11 information. All the press photographers work like
12 that, the mobile is an essential tool in our job.
13 "When I got to Le Bourget, I found that there were
14 two teams from rival agencies already there, there was
15 a team from the Gamma agency and two freelance teams
16 working for the Sola agency. We all waited, we saw
17 the aircraft land, so the tip-off was true. Then I saw
18 an Espace car drive off with a lot of luggage and
19 I thought that was the right car, so I followed it.
20 When I was on the motorway, one of the two photographers
21 from my agency rang me on the mobile to tell me I was
22 following the wrong car, but since I was already on the
23 motorway, I carried on. They told me they had followed
24 the right car but they had been shaken off and the
25 couple were going.

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1 "After that the day went as I told the police
2 officers. In the late afternoon, Martinez himself told
3 me he had gone to the Ritz because he wanted to cover
4 this story, he seemed upset that he had not been called
5 out for the story so I took the other two photographers
6 off the job and let Martinez do it on his own.
7 "I went to have with my boss and a girlfriend.
8 After dinner I went back to the Ritz and saw Martinez
9 there. He was waiting at the back of the hotel with
10 Serge Benhamou, Jacques Langevin, Fabrice Chassery and
11 Serge Arnal. There were some photographers waiting in
12 front of the Ritz as well. Martinez asked me to stay
13 there while he covered the main entrance to the hotel.
14 So I stayed, I sat in my car and listened to the radio.
15 The photographers were a few metres away from me,
16 talking amongst themselves.
17 "At a certain point -- I can't remember exactly when
18 but it wasn't immediately before the couple came out of
19 the Ritz -- I saw a man come out of the door of
20 the hotel and put his fingers to his lips as if he was
21 asking us to be quiet. Serge Benhamou said, "That's the
22 head of security for the Ritz, I've known him for twenty
23 years and it's the first time he has ever communicated
24 with me in any way, he must be in a different mood from
25 usual.

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1 "In answer to question: I didn't notice anything
2 particular about the man myself.
3 "In answer to question: There was certainly a false
4 start, because at one point we saw a photographer on
5 a motorbike go past in the Rue Cambon and he told us
6 there had been a false start, but I cannot tell you if
7 that was when Mr Paul came and gestured to us. A little
8 while later we saw a young man come out of the door in
9 the Rue Cambon and say to us, 'They are coming out'. At
10 that point I went and parked a bit further down outside
11 the Polish church and I waited. I rang Martinez on his
12 mobile and said, 'I think they are coming out at
13 the back'. In fact I saw a Mercedes drive up a few
14 minutes later, then the couple came out and dashed into
15 the car.
16 "The Mercedes overtook me, serge Benhamou was right
17 behind it and I think one of the cars, but I do not know
18 which. I followed close behind the procession.
19 We drove at a very moderate speed as far as
20 the Crillon Hotel, then the Mercedes stopped at the last
21 lights but one before the Champs, at that point we were
22 joined by a number of photographers, including Martinez
23 who was in Serge Arnal's car. I cannot remember now how
24 many cars and motorbikes there were alongside
25 the Mercedes, but there were quite a few. When

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1 the lights turned green the Mercedes drove off very
2 fast. The photographers followed, but even so they were
3 taken by surprise at the speed at which the Mercedes
4 drove off. There was nothing more for me to do out on
5 the job so I decided to go home, driving along
6 the embankment and so through the Alma Tunnel. I drove
7 off without hurrying at around 50 kilometres per hour
8 and without realising it, I followed the same route as
9 the Mercedes and the photographers.
10 "In answer to question: I think that once I got to
11 the embankment I drove in the left-hand lane at around
12 70 kilometres per hour. The road was clear, I think I
13 overtook one or two cars which were driving very
14 carefully.
15 "In answer to question: I did not pay any
16 particular attention to the cars I overtook but I did
17 not notice any photographers' cars.
18 "In answer to question: I did not overtake any
19 motorbikes. When I got to the entrance to
20 the Alma Tunnel I saw a bit of smoke and I realised
21 there was something wrong. I continued on my way and
22 then I saw the car that I realised was the one that had
23 left the Ritz a few minutes earlier. I drove past
24 the scene of the accident, I came out of the tunnel and
25 went and parked outside a restaurant.

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1 "In answer to question: I cannot remember whether
2 there were any people there when I drove past the car.
3 When I parked I saw Serge Arnal and Christian Martinez
4 walking down into the tunnel after parking their car.
5 I told them, 'We have to phone the emergency services'.
6 Serge Arnal replied, 'It has already been done', so
7 I canceled the call I had started to make on my mobile.
8 "In answer to question: I do not remember who was
9 in the tunnel at that point. I was in a state of shock
10 from the accident and did not memorise the scene.
11 "I did not go back down into the tunnel, I cannot
12 tell you what happened."
13 And finally, a statement from M Guizard at tab 8D
14 which was made on 7th January, 1999, before
15 Juge Stephan. The witness says this. He confirms his
16 previous statements and then says:
17 "I confirm that along with a number of photographers
18 I followed the Mercedes from the time of its departure
19 as far as Concorde -- if memory serves, to the front of
20 the Hotel Crillon. I gave my space to Christian
21 Martinez and Serge Arnal. It was Arnal who was driving
22 a black car. At those lights, the Mercedes pulled away
23 quickly. I think I can remember vehicles following at
24 that point, but I cannot provide any details of those
25 vehicles. My memory was fresher at the time. As far as

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1 I was concerned, it was not my intention to follow
2 the Mercedes. My assignment was over. I am not
3 a photographer. The link-up had been made with
4 Christian Martinez, who was my photographer, and so
5 I decided to return home. I had, incidentally,
6 previously stated my intention to Christian by
7 telephone. I did not want to go along
8 the Champs-Elysees as I prefer to avoid
9 the Place de l'Etoile, that is why I went along the
10 embankment. That is the route I always take, mainly
11 when visiting my parents who live near La Madeleine,
12 because at the time I was living in Neuilly.
13 "So it was by chance and without meaning to do so
14 that I followed the route of the Mercedes, which I saw
15 disappearing before the accident when it left
16 the Place de la Concorde. It was by taking this route
17 that I ended up at the scene of the accident. I cannot
18 remember now who the people were around the car. As far
19 as I was concerned, I parked at the top of the exit ramp
20 by a small restaurant, I think it was a Chinese
21 restaurant.
22 "Question to the witness: It has emerged from
23 enquiries made that from that point onwards you made
24 several telephone calls. Can you provide details of
25 these calls?

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1 "Answer: From memory, the first call I made was to
2 my boss, Daniel Angeli. I do not remember now if
3 I called him before or after the accident. I do not
4 know whether it was in that first conversation or
5 the second one I had with him that I gave him the news
6 of the accident.
7 "I then called 712 to try to get the number of the
8 police station for the 8th arrondissement in order to
9 notify the emergency services. However, as Serge Arnal
10 told me that they had already been informed, I rang off
11 without getting through to the operator.
12 "It is correct that I did then call Daniel Angeli
13 again. I do not remember the content of
14 the conversation, but what is certain is that I told him
15 about the accident having taken place."
16 He then mentions another call and then he says:
17 "It is correct that I then called the UK. It was to
18 Mr Ray Blumire. I am not certain about the spelling of
19 the name. He is my opposite number in the UK with the
20 agency that represents us, which is called Alpha.
21 I telephoned him in order to tell him about
22 the accident.
23 "I then called Daniel Angeli back to tell him that
24 I was coming to his place, which I did.
25 "Reply to question: If I called Daniel Angeli

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1 several times, it is because he is my boss, my friend
2 and my confidant. I was single at the time and it was
3 in him that I felt the need to confide, as I was in a
4 state of turmoil by what had just happened. The fact
5 that I did not specifically mention these calls to him
6 previously was an omission on my part, but not with
7 the intention of concealing anything important. It did
8 not seem to me to be of vital importance.
9 "After parking my car, I got out. I do not remember
10 if I went down the ramp or not. What is certain is that
11 I never went close to the Mercedes other than going past
12 it in my car when I arrived at the scene.
13 "Reply to question: I again do not remember
14 the content of the first conversation. Whether I called
15 Daniel Angeli to tell him about the accident or to
16 inform him that my assignment was over and to suggest
17 possibly going for a drink with him, I do not remember.
18 I confirm what I have already said to Madame Devidal,
19 namely that I do not remember who was present around
20 the car when I went past and [either came back into or
21 out of] the tunnel."
22 Those are the statements of M Guizard. I think
23 I have read everything.
24 Further questions from MR HOUGH
25 MR HOUGH: A very questions, Mr Gigou, about those two

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1 witnesses. Now, we have heard that Mr Guizard was
2 the editor and Mr Martinez was his photographer?
3 A. Yes.
4 Q. And that Mr Guizard, at the time that the Mercedes left,
5 was waiting at the junction of the Rue Cambon and
6 Rue St Honore?
7 A. Yes.
8 Q. And for your information, I do not know whether you know
9 this, but that was out of view of the Ritz CCTV cameras.
10 We have Mr Guizard recalling following the Mercedes,
11 being behind it in Concorde, and we have details of
12 a telephone call made by him to M Martinez.
13 Will you take it from me that that call was at
14 00.18.25? Does that then tie up broadly with
15 the account he gave of communicating with Martinez to
16 tell him about the Mercedes setting off?
17 A. Yes.
18 Q. Then, also relating to telephone calls: the telephone
19 call from Mr Guizard which he mentions to Angeli,
20 the record we have puts that at 00.25 from the summary
21 which the French police obtained. I do not know if you
22 are aware of that.
23 A. Well, maybe I was aware of it at the time, but you know,
24 I do not remember.
25 Q. The next call he referred to, to Mr Blumire -- I do not

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1 know if you became aware of this -- is recorded as being
2 at 33 minutes mast midnight.
3 A. That does not ring a bell.
4 Q. The account we get from Guizard and from Arnal and
5 Martinez is that Arnal and Martinez got into position
6 directly behind the Mercedes in the Place de
7 la Concorde.
8 A. Yes.
9 Q. And that I think accords with the accounts of others
10 we have heard and are to hear. Is that right?
11 A. Yes, it is.
12 Q. And have we also heard from these witnesses, as from
13 others, identifying Mr Rat and Mr Darmon's motorcycle
14 and M Benhamou's scooter also in the Place de
15 la Concorde?
16 A. Yes.
17 Q. So as you understand it, is that the core group that has
18 been identified by the paparazzi themselves?
19 A. Yes.
20 Q. I think we heard one or two references to possibly
21 seeing Mr Chassery's car but not as much certainty about
22 that. Is that right?
23 A. Yes.
24 MR HOUGH: Thank you very much. Those are my questions.
25 LORD JUSTICE SCOTT BAKER: Mr Mansfield?

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1 MR MANSFIELD: No thank you.
2 LORD JUSTICE SCOTT BAKER: Mr Weekes?
3 MR WEEKES: Yes, sir.
4 Further questions from MR WEEKES
5 MR WEEKES: Mr Gigou, I want to ask you a few questions
6 about the matter we touched upon this morning, which you
7 will recall is Mr Benhamou's opinion that Henri Paul had
8 been drinking.
9 As we have heard in the interview that you conducted
10 with Mr Guizard, Mr Guizard was at the back of the Ritz
11 with, amongst others, Mr Langevin and Mr Benhamou.
12 We also know of course that Mr Guizard was not arrested
13 in the tunnel, just like Mr Benhamou.
14 A. Yes.
15 Q. And that Mr Guizard was not in fact interviewed until
16 the afternoon of 3rd September 1997.
17 A. That is right.
18 Q. And that of course was at least a day after
19 the allegation that Henri Paul was three times over
20 the alcohol limit had been splashed across the world's
21 press. In fact, when Mr Guizard is interviewed by you
22 for the first time, he even mentions that press coverage
23