18 February 2008 - Afternoon session
24 (2.00 pm)
25 (Jury present)
108
1 MR BURNETT: Now, Mr Al Fayed, just one or two final
2 matters, if I may. Just returning to the conversations
3 that you have had with Diana and Dodi, you told the jury
4 that the conversation about engagement and pregnancy was
5 about an hour before the tragedy; is that right?
6 A. Something like that, yes.
7 Q. From that we can infer that there were no other
8 telephone calls discussing engagement or pregnancy in
9 the weeks that preceded that?
10 A. No, I do not remember those.
11 Q. You don't remember. You have told us about the fears
12 that Diana expressed to you, so we have dealt with those
13 two topics. Was there anything else in the telephone
14 calls that you had with Dodi or Diana whilst they were
15 on the boat or elsewhere that you wish to tell us about
16 or that you can remember?
17 A. Just continuing the fears.
18 Q. Continuing the fears?
19 A. And from time to time to say, "Please, be careful".
20 Anything happened to me, all the details in this box.
21 Q. I see. Now we heard, I think, from you that you had
22 spoken to Dodi about his plans for the end of the
23 evening; is that right? That he was going back to
24 the flat?
25 A. Yes, that is right.
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1 Q. And you and he spoke about that?
2 A. Yes, he spoke to me that he is going back to the flat,
3 yes.
4 Q. Was that again in the call about an hour before
5 the crash happened or were there a number of calls?
6 A. It was a number of calls, but I think this may be before
7 he left to the apartment. He was in the Ritz before.
8 I cannot recollect exactly what is the time.
9 Q. Were these calls that you made to him or he to you? Can
10 you remember now?
11 A. We talk, you know, all the time. Sometimes he calls me,
12 sometimes I call him, whatever; if he needs to take my
13 opinion about something, you know.
14 Q. Did you discuss with him the fact that he was wanting to
15 go back to the flat?
16 A. Yes, he told me that. I said, "Please don't leave
17 the hotel because I heard there is a lot of paparazzi
18 outside and it can be very dangerous".
19 Q. We have heard evidence from Kes Wingfield that he
20 recollected Dodi telling him that you had okayed
21 the plan to use the decoy and go out of the back door.
22 Is that right or wrong?
23 A. He is a liar. Definitely a liar.
24 Q. Were you aware of the plan?
25 A. He is just number two. If Dodi won't talk, he will talk
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1 to Trevor Rees-Jones, not to Kes Wingfield.
2 Q. Were you aware of the plan to use a decoy vehicle and go
3 from the back?
4 A. I heard -- he told me that maybe -- I said, "Don't
5 change anywhere. Stick where you are and please don't
6 go anywhere".
7 Q. So Dodi mentioned that he might change. By that do you
8 mean the driving arrangements?
9 A. I said "Whom you are going to say?" He said, "I don't
10 know, but I will listen. Maybe I do not go, I decide to
11 stay, not to leave".
12 Q. Lastly, Mr Al Fayed, there are two documents that
13 I shall ask you to comment on. I know you have them
14 both in front of you.
15 A. Yes.
16 Q. The first is a judgment of Mr Justice Mann given on
17 31st July 2006 in a case between Fulham Leisure Holdings
18 Limited and Nicholson Graham and Jones. Now is Fulham
19 Leisure Holdings Limited the holding company for Fulham
20 Football Club?
21 A. That is right.
22 Q. I think, as everyone here knows, you own though that and
23 own Fulham Football Club?
24 A. Yes.
25 Q. This was an action, wasn't it, against a firm of
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1 solicitors for negligence?
2 A. Yes.
3 Q. The action was successful in the sense that negligence
4 was established, I think --
5 A. Yes.
6 Q. -- but the judge did not award any significant amount of
7 damages.
8 A. Yes, I am appealing that.
9 Q. You are appealing that?
10 A. I am appealing that.
11 Q. It is not the detail of the case that I am going to ask
12 you about, but might I read to you -- and you have it in
13 front of you -- paragraphs 37 to 40. I will read not
14 all of those paragraphs, but part of them and ask you
15 for your comment.
16 Under a subheading "Mr Al Fayed", the judge said
17 this, paragraph 37:
18 "Mr Al Fayed is the well-known chairman of Harrods.
19 He is a businessman of considerable renown and
20 experience and was the person who took the decision to
21 purchase Fulham Football Club. Although the purchase
22 was apparently by a company which was a family trust
23 asset, he gave all relevant high-level instructions.
24 His evidence was accordingly very important. However,
25 I regret to say that Mr Al Fayed was not a helpful
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1 witness and, unlike all other witnesses that I heard,
2 I do not think he set out to be. He was reluctant to
3 face up to questions and address them properly and did
4 not really focus on much of what he was being asked."
5 Then the judge gave an example:
6 "He adopted a demeanour and approach which would, if
7 real and genuine, have suggested a degree of
8 forgetfulness and uncertainty about all of these events,
9 which I do not accept that he had. To use a phrase
10 deployed in the case by me, he appeared not to be on
11 the ball."
12 Then a little further in that paragraph:
13 "Whilst it has to be understood and accepted that
14 recollection of detail of what happened in 1997 is
15 likely to be dim, if it exists at all, some of
16 Mr Al Fayed's professed inability to remember some
17 events was so surprising that I am inclined not to
18 believe it. I think that he was from time to time
19 willing to resort to a professed failure to recollect,
20 which was an easier answer than actually addressing
21 the question."
22 Paragraph 38:
23 "He also had views of the transaction which were
24 wholly inaccurate."
25 Paragraph 39:
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1 "I also consider that the evidence I heard tended to
2 portray him as capable of being an impulsive
3 decision-maker. He certainly does not seem to have
4 agonised over quite big decisions in the history of this
5 case or to have given detailed consideration to some
6 financial implications from time to time. Some of the
7 evidence he gave struck me as having that quality as
8 well. In the circumstances, I treat his evidence with
9 the greatest caution and would be reluctant to accept
10 it, unless corroborated by other evidence or other
11 probabilities."
12 Those were the findings of the judge in connection
13 with the evidence that you gave in front of him.
14 A. But the judgment has been canceled and, in my appeal,
15 I won the case.
16 Q. Do you --
17 A. This is -- you know, sometimes you have judges who are
18 prejudiced and they just took out completely their
19 opinion, which is not right.
20 Q. So first of all do you accept the findings of the judge?
21 A. No, I am not accepting and I appealed this judgment and
22 I won.
23 Q. Well, you appealed the judgment, and I had understood
24 that judgment has not yet been given, but the appeal is
25 a technical point of law; nothing to do with
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1 the findings about you.
2 A. Yes, but I am not accepting that. This is why
3 I appealed the judgment and I won.
4 Q. Well, no, the judgment in the Court of Appeal first has
5 not been given yet or certainly had not when I last
6 spoke to Mr Croxford, who appeared for you. Second, it
7 has nothing to do with these findings of the judge.
8 A. But this is what he thinks. It may be limiting his
9 thoughts and have some prejudice and just thought what
10 he thinks. I am not accepting that.
11 Q. So you believe the judge was prejudiced against you?
12 A. Definitely.
13 Q. Then, next, do you remember, Mr Al Fayed, that in 1995
14 or 1996, you made a complaint to the Parliamentary
15 Standards Committee concerning Mr Michael Howard, and
16 that, at the time you were complaining of, he had been
17 a junior minister at the Department of Trade and
18 Industry?
19 A. That is right.
20 Q. The essence of your complaint against Mr Howard was that
21 he had acted corruptly by receiving large payments
22 before being involved in setting up a DTI inquiry into
23 events of some years before.
24 A. That is right.
25 Q. That was the complaint you made; one of corruption
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1 against him?
2 A. Yes, that is right.
3 Q. Now, that was investigated, wasn't it, by
4 Sir Gordon Downey? That is right, isn't it?
5 A. I do not remember now.
6 Q. You perhaps don't remember. Well, I hope you have been
7 provided with an extract from his report and you will
8 see that, on the last page, his name appears. Can
9 I read you the conclusions which followed his
10 investigation of the evidence? This is what he said,
11 paragraph 256:
12 "It is difficult to be sure about motives.
13 Mr Al Fayed undoubtedly deeply resents the indignity of
14 an adverse report from the DTI inspectors and the
15 blocking of his citizenship application. He believes
16 that this is an unjustified slur on his reputation and
17 that it quite overlooks the major contribution that he
18 has made to his adoptive country. He has persuaded
19 himself that Mr Howard has been a key figure in
20 the chain of events and has gone to considerable lengths
21 to prove his hypothesis."
22 Paragraph 257:
23 "In the process, Mr Al Fayed has discovered
24 fragments of evidence which, when pieced together, seem
25 to support the explanation of a bribe, but his was not
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1 an objective inquiry. I have no reason to think that
2 Mr Al Fayed is not telling the truth as he sees it, but
3 in this case at least, it is a version of the truth
4 which appears to have been distorted by emotion. He is
5 believing what he wants to believe."
6 Paragraph 258:
7 "In doing so, he ignores the wider picture and
8 assumes that no decision detrimental to his interests
9 can possibly have been arrived at honestly and
10 objectively. Where Lonrho is concerned, his burning
11 obsession with the injustice he believes to have
12 suffered at the hands of the inspectors leads him to
13 adopt the kind of extreme position expressed in his oral
14 evidence, namely that if somebody had done a favour or
15 something favourable to Tiny Rowland, he, Mr Rowland,
16 must have paid for it. The fact remains that Mr Howard
17 did not play a significant role in the decision to
18 appoint inspectors. The decision itself was reached
19 rationally and on its merits, and Mr Howard's
20 relationship with Mr Landy has never been close enough
21 to bear the sinister interpretation placed upon it by
22 Mr Al Fayed. Once these foundations are removed, as on
23 the evidence they must be, the rest of the elaborate
24 edifice constructed by Mr Al Fayed collapses."
25 Paragraph 260:
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1 "In answer, therefore, to the question posed in my
2 terms of reference for this inquiry, I have
3 concluded that there are no ground for believing that
4 Mr Michael Howard received payments in connection with
5 the appointment in 1987 of Department of Trade
6 inspectors to investigate the takeover of the House of
7 Fraser."
8 Now, this report was March 1997 --
9 A. Yes. March 19 --
10 Q. March 1997. So, long before the crash. I just want to
11 establish it in time.
12 Despite Sir Gordon's inquiry, do you still believe
13 that Mr Howard, as a junior minister, took the bribes as
14 you alleged?
15 A. Definitely.
16 Q. And --
17 A. Because his uncle, Harry Landy, worked for Tiny Rowland
18 and very close to Tiny Rowland, and if Tiny Rowland
19 would like to do something, he will use his friend,
20 Harry Landy to Michael Howard. It is not the first time
21 that a Member of Parliament, Conservative, do things
22 like that for money. I have proved it before. Three
23 ministers have resigned from the Tory Party because I am
24 not accepting that Members of Parliament can just use
25 and take money to do jobs illegally, and one of the
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1 Members of Parliament is Jonathan Aitken.
2 Q. You do not accept Sir Gordon's conclusions?
3 A. I don't accept it because again he is a Member of
4 Parliament. He had to protect --
5 Q. Sir Gordon Downey was not a Member of Parliament, as it
6 happens, but --
7 LORD JUSTICE SCOTT BAKER: You said that "He had to
8 protect..." What were you going on to say?
9 A. Yes, because it is black and white. Harry Landy worked
10 for Tiny Rowland, and for Michael Howard to be involved
11 in all of these things, I believe it and I have
12 challenged it and he has not sued me at all.
13 LORD JUSTICE SCOTT BAKER: What I was just wondering was you
14 plainly said that Sir Gordon Downey got it wrong, but
15 are you saying that he was dishonest in getting it
16 wrong?
17 A. But it is clear he has no proof to say that I am not
18 talking the truth, but he knows the closeness of Howard
19 and Harry Landy and Tiny Rowland. He has suspicions,
20 but to come out with something like that, for me,
21 I ignore it and it has no value at all and it is not
22 fair.
23 Q. Are you suggesting that Sir Gordon's conclusions were
24 manufactured to protect Mr Howard?
25 A. It is a possibility, yes.
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1 Q. It is a possibility or is that what you believe?
2 A. A possibility or prejudice, definitely.
3 Q. Or prejudice?
4 A. Yes.
5 Q. You see, what would you say to somebody who would
6 suggest that Sir Gordon's conclusions in March 1997
7 about your single-minded pursuit of a particular notion,
8 patching together pieces of evidence to try to support
9 it --
10 A. No. It was clear.
11 Q. -- bears a similarity to what has been going on more
12 recently?
13 A. The guy was in power and he will do anything. I prove
14 Members of Parliament can do anything for money, and
15 this guy can do anything for Tiny Rowland with money.
16 I challenge him and he never sue me. Why he don't -- if
17 he has any dignity, why he have not sue me for saying
18 these things about? He never sue me.
19 Q. That is a point also you have made about Prince Philip,
20 isn't it, why has he not sued you?
21 A. Why Prince Philip haven't sued me, it is the same.
22 Q. And the same in respect of everybody?
23 A. Not everybody. If you are confronted with powerful
24 people in Government or in power like Prince Philip,
25 right, how can you get the evidence?
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1 Q. But Sir Michael Jay has not sued you.
2 A. No, he has not sued me.
3 Q. And Lord Fellowes has not sued you.
4 A. No.
5 Q. And the Prince of Wales has not sued you.
6 A. No.
7 Q. And Prince Philip has not sued you.
8 A. Right. Why they didn't sue me? I am available. I am
9 talking my mind, I am talking the truth. Because I am
10 talking the truth, they cannot do it because they would
11 get themselves in trouble.
12 Q. Mr Al Fayed, I would not wish to discourage anybody from
13 suing at any time. There are many people here who make
14 their livings as a result.
15 A. Okay.
16 Q. Mr Al Fayed, that is what you do, isn't it? You
17 litigate, you use the courts frequently?
18 A. I do not let anybody step on my feet and damage my
19 reputation and my dignity.
20 Q. But you don't really understand it when others choose
21 not to sue you. You take that as an admission, do you?
22 A. I do not let anybody touch my dignity or insult me or do
23 something I believe I am right and I am always, God
24 bless, winning, right, and seal all my battles before.
25 I always win and I am going to -- with God's blessing,
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1 with a fair-minded ordinary people, the jury, I will win
2 that also.
3 LORD JUSTICE SCOTT BAKER: Mr Al Fayed, this morning you
4 said of the Royal Family, "This terrible family who rule
5 the country behind the scenes". That is the note I took
6 of what you said.
7 A. That is right.
8 LORD JUSTICE SCOTT BAKER: That is your present belief, is
9 that right?
10 A. Definitely.
11 LORD JUSTICE SCOTT BAKER: Was that a --
12 A. Prince Philip is the king, you know.
13 LORD JUSTICE SCOTT BAKER: Is that a belief that you have
14 always held or did it arise simply following the
15 collision in the tunnel?
16 A. After the accident because before I have good relations
17 with them. I am invited, I sit next to the Queen, I am
18 sponsoring for £20 million for 20 years the Royal Horse
19 Show; Prince Philip comes to Harrods, shopping, have
20 lunch once or twice with me. I have nothing. In
21 the evening, during the horse show, I open dinner for
22 him and all his Nazi German relations come over for
23 the dinner. I have no problems. So when they step on
24 my foot and murder my son, I am not accepting that.
25 I will go to God, to anywhere in the sky, to the end
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1 of the world, because this is not acceptable. With all
2 my sacrifices for 40 years -- I have given my life to
3 the country, but anyhow, I am not giving it to them,
4 the Royal Family; I am giving it to the ordinary people
5 of this country, creating employment, paying taxes,
6 giving to charity. And at the end, you see me as a
7 stooge and I am insulted, humiliated.
8 Every aspect, how can -- anyhow, I am sure one day
9 God will bless me and I will see this country again
10 great without all of these terrible people in charge.
11 LORD JUSTICE SCOTT BAKER: Just so that I can be absolutely
12 clear about this: it is the fact of the collision and
13 what caused it in your mind that caused you to change
14 your view of Prince Philip and the Royal Family and
15 nothing else?
16 A. No, but this is a very dramatic situation.
17 LORD JUSTICE SCOTT BAKER: I am not suggesting it is not
18 dramatic. I just wanted to know if that was the one
19 thing.
20 A. Yes.
21 MR BURNETT: Thank you sir.
22 LORD JUSTICE SCOTT BAKER: Mr Keen?
23 MR KEEN: I have no questions, sir.
24 LORD JUSTICE SCOTT BAKER: Mr Croxford?
25 MR CROXFORD: No, thank you, sir.
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1 LORD JUSTICE SCOTT BAKER: Mr Horwell?
2 Questions from MR HORWELL
3 MR HORWELL: Mr Al Fayed, in relation to what you have just
4 said, "Why hasn't Prince Philip and all of the other
5 names sued me?", can I turn that around please and ask
6 you why you have not sued them for murdering your son?
7 A. Who are you talking about?
8 Q. Prince Philip, Lord Fellowes, Lord Jay, Lord Condon,
9 Lord Stevens and all of the other names.
10 A. This is the establishment. This is the powerful people.
11 Q. Why have you not sued them for killing your son?
12 A. But I have been pursuing it everywhere, in France, and
13 this is the last thing, I have been succeeded to get.
14 Q. Is the answer to my question --
15 A. I would like to say that you are representing --
16 Q. -- that you have not sued them, Mr Al Fayed, because
17 there is no evidence against them?
18 A. -- Scotland Yard and Scotland Yard are the main thing.
19 I hope Lord Mishcon and Lord Stevens pay your bill, not
20 the tax-payer. Fine.
21 Q. Is the answer to my question, Mr Al Fayed, that you have
22 not sued them because there is absolutely no evidence to
23 indicate that they did kill your son?
24 A. How do you want to get the evidence? You are talking --
25 how can you mean you tell me I get the evidence.
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1 The evidence is now at the power of the Coroner to force
2 MI6 to open their books, to --
3 Q. Mr Al Fayed, you have unlimited funds --
4 A. Richard Tomlinson will find all the proofs.
5 Q. You have unlimited funds, Mr Al Fayed. Why have you not
6 sued them or taken out a private prosecution against
7 them for murder?
8 A. This is what I am trying now.
9 Q. The answer, Mr Al Fayed, is that there is no evidence
10 against them, isn't it?
11 A. But how I get the evidence? I am trying to get the
12 evidence through what I am going through now, right?
13 Q. The extent of this conspiracy -- and by the word
14 "conspiracy", I mean those that either participated in
15 this plot of murder or --
16 A. They order it.
17 Q. -- those that least knew of it and approved of it and
18 those who were involved in the cover-up; by the word
19 "conspiracy", I mean all of those involvements.
20 A. But as a lawyer, you don't understand that the letter
21 from Lord Mishcon is covered up by two commissioners.
22 How can you answer? Can you answer me that?
23 Q. Mr Al Fayed, I will be coming --
24 A. Just talk. Don't bully me. Don't bully me, I am
25 telling you.
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1 Q. I will be coming --
2 A. Don't bully me, okay?
3 Q. No, I promise you.
4 A. Okay. Just be fair. I am asking you a question.
5 Two commissioners, you represent them --
6 Q. Mr Al Fayed, you will answer my questions.
7 A. What they have committed is a criminal action, right.
8 Okay?
9 Q. You will answer my questions and --
10 A. I am not going to continue taking --
11 Q. -- and I will come to the Mishcon note in a moment.
12 LORD JUSTICE SCOTT BAKER: Just a moment. We will get on
13 rather better if you listen to the questions,
14 Mr Al Fayed, and then you are given an opportunity to
15 answer the question without interruption.
16 A. Yes, but --
17 LORD JUSTICE SCOTT BAKER: But you answer them quite
18 shortly, please.
19 A. Yes, fine, but how can I answer questions which have no
20 answer? Right.
21 MR HORWELL: Right.
22 Where we were, Mr Al Fayed, the extent of this
23 conspiracy: Prince Philip at its heart?
24 A. That is right.
25 Q. Prince Charles, you said this morning?
126
1 A. Definitely a participant because he has interests and he
2 wants to get rid of Diana and he would like to marry
3 Camilla.
4 Q. Anyone else in the Royal Household?
5 A. But those are the main ones.
6 Q. We have not heard this today, but it features in
7 a letter that you wrote in February 2006:
8 the Prime Minister, Tony Blair.
9 A. I do not remember. If you have a copy?
10 Q. I do not have a copy but I will read you one paragraph
11 from it. It is a letter that you wrote to the Right
12 Honourable Paul Murphy of the Intelligence and Security
13 Committee. It is dated 14th February 2006. You mention
14 that the security services were acting on the orders of
15 the Royal Family and these are your words "the Prime
16 Minister and his senior henchmen", and you went on to
17 say this:
18 "There is equally no doubt in my mind that such
19 a momentous and horrific action would have been directly
20 sanctioned by the Prime Minister."
21 So can we add him to the list, Mr Al Fayed?
22 A. What are you asking me for? Can you tell me what you
23 are asking now?
24 Q. Mr Al Fayed, the list of conspirators; those who are
25 involved in the manner in which I have described in this
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1 murderous plot.
2 A. Yes.
3 Q. We can add Tony Blair to that list, can we?
4 A. You can, because I am sure he knows what they are going
5 to do, definitely.
6 Q. And you say in that letter:
7 "Not only is Tony Blair involved, but also his
8 senior henchmen."
9 Now, who did you mean by "his senior henchmen"?
10 A. Maybe his chief of staff.
11 Q. His chief of staff?
12 A. Yes.
13 Q. And the Foreign Secretary of the day, Robin Cook, he
14 must have been involved?
15 A. It is a possibility. You can say that the embalming
16 order has to come from someone very high.
17 The Ambassador will not execute such order; only he had
18 been instructed --
19 LORD JUSTICE SCOTT BAKER: I think he was in the Far East at
20 the time, wasn't he? I suppose he could have been
21 contacted by telephone.
22 A. Possible.
23 MR HORWELL: Lord Fellowes, we heard this morning.
24 A. Yes.
25 Q. He was manning a operations centre at the British
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1 Embassy and sent messages, I think you have said in
2 the past, to GCHQ?
3 A. Yes, but this is what I have been told. I know these
4 things can happen because he is the Private Secretary of
5 the Queen, right?
6 Q. Lord Fellowes we add to the list?
7 A. Yes.
8 Q. We heard this morning that Lord Jay should be added to
9 the list; a British Ambassador who knew in advance of
10 the Princess's visit to Paris --
11 A. That is right.
12 Q. -- and no doubt played his part in the events that took
13 place. You have said in the past that Lord Jay ordered
14 the embalming to ensure that there would be no evidence
15 to show that Princess Diana was pregnant.
16 A. That is right.
17 Q. So we add him to the list. MI5, MI6, CIA and the DGSE,
18 the French intelligence services; we add them to
19 the list?
20 A. Right.
21 Q. Judge Stephan --
22 A. Right.
23 Q. -- we heard this morning. The French SAMU,
24 the ambulance service and the French doctors; they
25 played their part in ensuring that Princess Diana would
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1 die --
2 A. Possibility, yes.
3 Q. -- and delayed her arrival at hospital to ensure that
4 she would die?
5 A. Yes, but this is the logic thoughts of taking her to a
6 far away hospital and there was a hospital 10 minutes or
7 15 minutes from the accident.
8 LORD JUSTICE SCOTT BAKER: Have I understood you this
9 morning to say not all of them, but that MI6 would have
10 an agent there among them?
11 A. Possibly -- yes, of course, of course.
12 MR HORWELL: And, of course, the French scientists,
13 Professors Lecomte and Pepin --
14 A. Right.
15 Q. -- involved?
16 A. Definitely. Why didn't they want to appear as
17 witnesses?
18 Q. The French are not renowned for doing the bidding of the
19 British, Mr Al Fayed, are they?
20 A. Can you answer me why --
21 Q. The French are not --
22 A. Let me talk.
23 Q. The French are not renowned for doing the bidding of
24 the British, are they?
25 A. That is right. Without the collaboration, they help
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1 each other. If the French want something done in the
2 United Kingdom, the British intelligence will help them
3 and vice versa.
4 Q. But on this occasion ambulance workers, doctors, police
5 officers, professors were all happy to play their part?
6 A. It is teamwork. They help each other if they have
7 anything to execute; legally or illegally. Fine.
8 Q. James Andanson, of course?
9 A. James Andanson was the main -- he is the murder. That
10 is why they shot him dead. And this was the proof from
11 the fireman who took him out of the car, with his
12 brain -- two bullet shots in his brain and they put him
13 in the car and burned the car --
14 Q. Lord Condon, of course.
15 A. Lord Condon, of course, and Lord Stevens.
16 Q. Let's not forget him, and I have not, Mr Al Fayed. We
17 put him in the list too. The Paget officers?
18 A. Of course. They collaborate to print and to prepare
19 such complete fraudulence and false reports, right, just
20 try to ridicule the whole thing. He spent a lot of time
21 with me, during the three -- wasted my time on the
22 pretension that he is going to do a fair investigation.
23 He is a father like me, "If this happened to me ...",
24 all this baloney, and then, at the end, they come with
25 a report which is a disaster, right?
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1 It is not -- after that he hides. He knows he is
2 hiding that document. He comes just wasting days of my
3 time, just enjoying eating. He finished all the stock
4 of caviar in Harrods and the champagne. I had to send
5 him a bill for that.
6 Q. Whilst we are dealing with Lord Stevens and the 12 or 14
7 Paget officers who are also involved in this
8 conspiracy --
9 A. Right.
10 Q. -- these are the words of Sir Gordon Downey, published
11 in March of 1997:
12 "Mr Al Fayed assumes that no decision detrimental to
13 his interests can possibly have been arrived at honestly
14 and objectively."
15 Anyone who reaches a decision adverse to your
16 position, Mr Al Fayed, must be dishonest, must be
17 a conspirator; is that how you approach the Paget
18 investigation and indeed the French investigation?
19 A. Definitely.
20 Q. I have not finished.
21 Dr Burgess, with his call to Mr Macnamara that
22 the accident was suspicious --
23 A. That is right.
24 Q. -- is he involved in this cover-up because you know that
25 he denies ever having that conversation?
132
1 A. Of course he had to deny. Mr Burgess also denied.
2 Q. So he is involved in the cover-up too?
3 A. If he denies, he says something --
4 Q. He must be?
5 A. Why he do that? Why somebody been delayed for
6 four hours?
7 Q. He must be involved?
8 A. There must be a reason, because he says "This accident
9 is suspicious, it is not straightforward accident",
10 fine, and they stopped me taking the body back to London
11 for four hours.
12 Q. So he is involved in the cover-up?
13 A. Mr Burgess, why he deny? Why he lies?
14 Q. Is he involved or not? I am asking you a simple
15 question.
16 A. I am telling, but why he lies?
17 Q. Is he involved or not, Mr Al Fayed?
18 A. What do you mean involved in a cover-up?
19 Q. I think you know that better than almost anyone else in
20 this courtroom, Mr Al Fayed.
21 A. If he has delayed my son's body to leave Paris for
22 four hours, right, on his instruction, and he deny it,
23 why he deny it? Because he has been to all that and --
24 Q. I will add him to the list. It may be a lot quicker.
25 Lady Sarah McCorquodale; she is involved in
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1 the cover-up?
2 A. Definitely.
3 Q. This is what you said this morning.
4 A. Yes.
5 Q. "Sarah came to see me two days afterwards and told me
6 that she thought the crash was suspicious."
7 A. That is right, because she knows and she heard from her
8 sister and she has seen definitely some letters.
9 Q. That was never put to her when she gave evidence. As
10 we have all seen, Mr Al Fayed, Mr Mansfield is not
11 reluctant to advance your case.
12 A. No, but I am doing it on his behalf.
13 Q. Can you help as to why Lady Sarah McCorquodale was not
14 questioned on that topic, namely her saying to you two
15 days after the accident that she thought the crash was
16 suspicious?
17 A. No, but after seeing her performance in the witness box,
18 right, it definitely confirmed what she told me, right?
19 She changed her mind because her brother-in-law is
20 Mr Fellowes, right, and she must have been instructed
21 just to follow the line.
22 Q. This is a particularly vile accusation that you make,
23 isn't it, that the sister of Diana is involved in the
24 cover-up of her murder?
25 A. What about the documents? What about the box? She has
134
1 been already -- when the Scotland Yard officer,
2 Mr Milburn, gone there and got the box in front of her
3 and she knows everything is open and the letters are
4 there. Where have the letters gone? Where has the box
5 gone? She said the box has gone in the lift, up and
6 down. She knows exactly what happened. She knows what
7 is in these letters. She knows the threats -- can you
8 tell me please if the Coroner can give an order: where
9 is this box? This box is vital which Diana told me.
10 All the evidence are there, all the threats are there.
11 The tape -- conversation of threats, right, also there.
12 Can you tell me where is this -- and Scotland Yard was
13 involved; the division of MI6 in Scotland Yard.
14 Q. Diana's own sister involved in the cover-up of her
15 murder, Mr Al Fayed?
16 A. But where is the box? Tell me where are the letters?
17 Can you tell me? She was in charge of these letters and
18 the box and this is the evidence. You are asking me
19 about the evidence. The evidence has already been
20 covered up and already been buried by all the people who
21 were manipulating the whole murder. I cannot understand
22 what you are talking about.
23 Q. Trevor Rees, Kes Wingfield and Ben Murrell have been got
24 at by the security services?
25 A. Definitely. What you want more than a guy -- I saved
135
1 his life, day and night for six months, worked for me,
2 signed confidentiality -- three of them can turn against
3 me? You think this is normal? And the guy himself, he
4 said to my housekeeper if he dared to talk, he would be
5 killed, and when he start first his interview, they
6 turned him straightaway against me by bribing him,
7 giving him money, giving him a job in Timor Island. Is
8 this not evidence? What you want me -- what you want me
9 more than that?
10 Q. That was the point I was next going to come to:
11 the security services rewarded Trevor Rees with his
12 appointment as head of the United Nations Security in
13 East Timor?
14 A. That is right. And also David Veness, where is he now?
15 He is the head of security at the United Nations and
16 David Veness, he was the guy, head of the MI6 and MI
17 intelligence services at Scotland Yard and he is the guy
18 who is managing all that.
19 LORD JUSTICE SCOTT BAKER: I think Mr Horwell was asking you
20 about East Timor for the moment.
21 MR HORWELL: Do you ever pay any attention whatsoever to
22 the evidence, Mr Al Fayed?
23 A. The evidence --
24 Q. This inquest is principally being held because of the
25 allegations that you have made.
136
1 A. Yes.
2 Q. Do you ever pay any attention to the evidence?
3 A. The evidence is with MI -- they know where it is. I am
4 sure they are in possession of those letters. They took
5 the letter from the box which Princess Diana's sister
6 was there and Paul Burrell there. Paul Burrell will
7 start talking now. He will say that he lied and I hope
8 that the Coroner will order him to come here and say
9 why, according to the article in The Sun today. Have
10 you seen this article this morning?
11 Q. Mr Rees said that those allegations were nonsense and
12 Mr Mansfield --
13 A. Mr Rees --
14 Q. -- on your paragraph, withdrew them, Mr Al Fayed.
15 A. -- is a crook. He is a crook. He is a guy -- I saved
16 his life and he betrayed me. A person like that, you
17 can trust what he says? Because he had to say what the
18 intelligence service --
19 Q. Mr Mansfield withdrew that allegation on your behalf.
20 That is evidence --
21 A. Mr Mansfield ...?
22 Q. Yes.
23 A. I did not ask him to do that.
24 Q. That is why asked you, Mr Al Fayed, do you ever pay --
25 A. Mr Mansfield, he is here. Let him --
137
1 Q. Do you ever pay any attention to the evidence?
2 A. What evidence?
3 Q. The answer, I think, to my question is "no".
4 A. What evidence are you talking about?
5 Q. All you are interested in is your assumptions and not
6 evidence.
7 A. I have no assumptions. I am not a mad person, right, as
8 you are trying to portray me, please. Behave yourself
9 also when you are asking me. Don't go out of lines
10 because you represent two unreliable who acted
11 criminally by hiding the note from Lord Mishcon. I am
12 not taking any more questions from you.
13 Q. Rosa Monckton befriended the Princess in order that she
14 could pass information to MI6?
15 A. That is right. Her brother is a leading officer in MI6.
16 Can you deny that? Answer me please.
17 LORD JUSTICE SCOTT BAKER: No, it is Mr Horwell who asks you
18 the questions, Mr Al Fayed.
19 A. But he say -- he is trying to defend Rosa Monckton. Who
20 is Rosa Monckton? Her brother is a leading officer in
21 MI6 and she is married to -- what is his name,
22 the guy -- the editor of the Sunday Telegraph, Lawson.
23 LORD JUSTICE SCOTT BAKER: Dominic Lawson?
24 A. Yes, Dominic Lawson.
25 MR HORWELL: We do understand, Mr Al Fayed, everyone is out
138
1 of step except yourself.
2 A. Out of step?
3 Q. The Mishcon note: Lord Stevens and Lord Condon have
4 deliberately kept that note from the Coroner for
5 improper motives?
6 A. They have been told, they have been instructed, right,
7 and they have swallowed their dignity, their honour, to
8 cover up and it is a criminal action.
9 Q. As you said this morning, it must follow from that
10 allegation that Lord Mishcon was also criminally
11 involved in the withholding of that note?
12 A. Lord ...?
13 Q. Lord Mishcon.
14 A. Lord Mishcon is the lawyer who gave the note. How can
15 he be involved?
16 Q. He chose not to give it to the Coroner. It was not
17 simply the decision of Lord Condon.
18 A. He complained to -- the highest authority is the
19 Commissioner of Scotland Yard.
20 Q. No, Mr Al Fayed. When Diana died in 1997, Lord Mishcon
21 did not there and then pass the note to the Coroner.
22 A. It is not his duty. Duty is the Commissioner because he
23 made his complaint to the concern, to the most powerful
24 person about security, who is the Lord Commissioner.
25 Q. But you do understand Lord Mishcon could have passed
139
1 that note to the Coroner if he chose to do so and he did
2 not.
3 A. I have --
4 Q. So it is not only Lord Condon and Lord Stevens who did
5 not pass the note to the Coroner, it is also
6 Lord Mishcon.
7 A. But it is not his business anymore. He has already
8 given to the highest authority to protect Diana and they
9 have ignored that and they did not ask. It is their job
10 to pass on it, not --
11 Q. This morning you told the jury that Lord Mishcon must
12 have been involved in the plot.
13 A. I never said that. I said that?
14 Q. Yes.
15 A. I never said that.
16 Q. I have the transcript in front of me.
17 A. I said Lord Mishcon is involved?
18 Q. You see, Lord Mishcon is a distinguished lawyer and your
19 allegation this morning was that he turned to act
20 against the interest of his client.
21 A. I never said that.
22 Q. This morning you did, Mr Al Fayed.
23 A. I am sorry. I am sorry.
24 Q. Or is it the case that you will simply make allegations
25 against anyone without any basis whatsoever as the mood
140
1 takes you?
2 A. My barrister -- I want my barrister just to approve
3 that. Did I say that, Mr Mansfield? Did I say
4 Lord Mishcon is involved?
5 LORD JUSTICE SCOTT BAKER: We have the transcript.
6 MR HORWELL: It is page 70, line 4.
7 A. What I mean is --
8 LORD JUSTICE SCOTT BAKER: Let's see what the transcript
9 says first of all.
10 MR HORWELL: You were asked by Mr Burnett:
11 "Question: What about Lord Mishcon himself? We
12 have heard about the discussions that he had with
13 Lord Condon. Lord Mishcon did not want the letter
14 disclosed, so Lord Mishcon too, it must follow --
15 "Answer: Definitely, both of them."
16 Meaning Mishcon and Lord Condon.
17 A. No, I mean --
18 Q. Mr Burnett continued:
19 "So that is Lord Stevens, Lord Mishcon and
20 Lord Condon?
21 "Answer: Yes, and I am going to sue them criminally
22 because this is a criminal action, to hide evidence of
23 murder which Diana had already warned, and Diana was
24 murdered and that letter has been covered up."
25 A. That is a possibility, but now --
141
1 LORD JUSTICE SCOTT BAKER: That is what you said.
2 A. -- I am trying to remember. Also, if Lord Mishcon knows
3 about -- and I hear that he was sick or dying or
4 something like that, it is possible, but if he has
5 himself been well and has not participated and tell
6 Lord Stevens to put the letter to the Coroner, then he
7 is also part of the -- definitely.
8 Q. Well, he sat on it for six years, Mr Al Fayed, did
9 Lord Mishcon.
10 A. Yes, if he have not helped himself to the complaint from
11 Diana.
12 Q. So Diana's own lawyer involved in the conspiracy?
13 A. No. It may be that he has been told also not to talk
14 about it. If he saw two commissioners have not
15 mentioned that and they have not volunteered to give
16 such unbelievable complaint to the Coroner, then he must
17 be definitely part of it, yes.
18 Q. In relation to these allegations that you make,
19 James Andanson, a trained MI6 assassin?
20 A. Yes.
21 Q. Can you help as to why Mr Andanson elected to take his
22 dog on this criminal enterprise?
23 A. Because he is an informer, working for MI6 and also
24 the French intelligence.
25 Q. Why did he take his dog, Mr Al Fayed?
142
1 A. He took his dog?
2 Q. The dog in the white Fiat Uno.
3 A. I say that he had his dog in the car?
4 Q. That is the evidence that we have heard. How does that
5 fit in with this conspiracy to murder the
6 Princess of Wales? Can you help?
7 A. With his dog?
8 LORD JUSTICE SCOTT BAKER: The dog was not with Mr Andanson
9 in the photograph.
10 MR HORWELL: But the dog is in the white Fiat Uno at the
11 time of the accident. Can you help?
12 A. It is a possibility, but I do not remember.
13 Q. Can you help as to why the might and power of the
14 Royal Family, the British Government and MI6 could only
15 afford a Fiat Uno, one of the world's lightest and least
16 powerful cars? Can you help, Mr Al Fayed?
17 A. Can you repeat again?
18 Q. Why a Fiat Uno?
19 A. Because that is his car.
20 Q. One of the lightest and least powerful cars available.
21 LORD JUSTICE SCOTT BAKER: And a clapped-out Fiat Uno.
22 MR HORWELL: Yes.
23 A. But in the Mercedes -- they find the paint of the Fiat
24 in the Mercedes.
25 Q. Yes, but Mr Al Fayed, direct yourself to the question:
143
1 why choose such a car to be a pivotal vehicle in
2 a murderous plot of this nature? Can you help us?
3 A. What is wrong with that?
4 Q. It is a car that was being used, we will hear later this
5 week, to move rubbish around the Andanson farm. It had
6 not been used on the road for a significant period. As
7 the Coroner has said, it was clapped out. It did not
8 work properly. It is an extremely light car and is
9 probably one of the most underpowered cars available in
10 the world. Can you help as to why, with the might of
11 the Royal Family, MI6 and so on and so on, they chose
12 such a car? Can you assist us?
13 A. This is his own car and he wants to use his own car.
14 Q. It is as simple as that, is it?
15 A. This is his own car and he chose to use his own car.
16 Q. The motive for murdering Princess Diana:
17 the Establishment could not have her marry a Muslim.
18 That is motive number one, yes?
19 A. Possibility, yes.
20 Q. The Establishment knew that she was going to marry Dodi
21 and the Establishment knew that she was pregnant with
22 Dodi's child?
23 A. That is right.
24 Q. As to the first of those motives, can you help as to why
25 Diana had not been murdered during the course of her
144
1 relationship with Hasnat Khan, described by all as
2 a very serious and close relationship?
3 A. All this baloney just to dress it up and just to prove
4 that she had nothing to do with Dodi, it is just
5 a casual relation, summer flirt and she had nothing to
6 do -- it was just a casual relation with this guy,
7 Hasnat Khan. It is all not true.
8 Q. Mr Al Fayed, we have heard a considerable amount of
9 evidence in relation to Diana's relationship with
10 Hasnat Khan and you describe it as --
11 A. Manipulation, just propaganda, to divert the attention
12 to Dodi and their relationship, right.
13 Q. So it is all made up, is it?
14 A. No. She knows the guy as a friend, she saw him, but
15 nothing serious.
16 Q. We have heard from a number of witnesses that this
17 relationship was real, true, close and serious. All of
18 that is lies, is it, Mr Al Fayed?
19 A. Maybe before. This is before her holiday, right.
20 Q. All of that is lies, is it?
21 A. I am telling you maybe she has this relation before her
22 holiday. Maybe she broke in this relation with him.
23 Q. You are not dealing with the point that I asked you
24 about him. She had a serious relationship with a Muslim
25 for just under two years and the Establishment did not
145
1 choose --
2 A. I do not know how long. It is her business.
3 Q. -- and the Establishment did not choose to murder her
4 during the course of that relationship, did it?
5 A. She had no relationship with this guy for a long time
6 before she met Dodi, right. She don't have relation
7 with him before she met Dodi.
8 Q. It ended soon before the summer holiday, Mr Al Fayed.
9 A. It is a possibility. I do not know.
10 Q. It is not a possibility. It is --
11 A. Why are you asking me such a silly question?
12 Q. Because, Mr Al Fayed, you are the man who is accusing
13 the Establishment of wanting to murder this woman
14 because she was going to marry a Muslim, and I am asking
15 you --
16 A. It is not only marrying a Muslim, but --
17 Q. Can you explain why she was not murdered during
18 the course of her very long and very close relationship
19 with Hasnat Khan?
20 A. He was just a friend. Maybe she had some relationship
21 with him, but nothing -- if they know that -- how can
22 she marry somebody like that, who lives in a council
23 flat and has no money? How can they think that a guy
24 like that can support her?
25 Q. She could not possibly marry a man on the income of
146
1 a surgeon? Is that how you look at Diana, Mr Al Fayed?
2 A. It is impossible that she think -- you know, she have
3 relation.
4 Q. Thank you.
5 As to the second of those motives, the fact that she
6 was going to marry Dodi, do I understand that the first
7 that you ever knew of their engagement was during
8 the course of that telephone conversation on the
9 Saturday night?
10 A. That they are going to get married?
11 Q. Yes.
12 A. Yes, that is right. They are going to get engaged and
13 they are going to get married.
14 Q. That is the first you knew of the engagement?
15 A. That is right.
16 Q. When was this call on the Saturday night?
17 A. Maybe one hour or two hours before. I do not remember
18 exactly.
19 Q. At about 11 o'clock?
20 A. Something like that.
21 Q. And where were you?
22 A. I was, I think, in my country house.
23 Q. That is at Oxted?
24 A. Yes.
25 Q. And who phoned who?
147
1 A. Pardon?
2 Q. Who made the call, Mr Al Fayed?
3 A. They called me.
4 Q. Dodi?
5 A. Yes.
6 Q. And Dodi and Diana spoke to you?
7 A. That is right.
8 Q. The call must have lasted some time.
9 A. No.
10 Q. How long did it last?
11 A. Five minutes.
12 Q. And Dodi spoke to you first?
13 A. Yes.
14 Q. And what did Dodi tell you?
15 A. I mentioned it. Maybe you have been here.
16 Q. I am asking you, Mr Al Fayed. What did Dodi tell you?
17 A. That he had already proposed to her, that she is going
18 to be declaring that engagement on Monday, that he had
19 got the ring for her and that is it, "See you on
20 Monday".
21 Q. So Diana had accepted his proposal?
22 A. Yes.
23 Q. And then you spoke to Diana?
24 A. In the same time.
25 Q. At the same time?
148
1 A. Yes.
2 Q. And what did she tell you?
3 A. She was happy. She said, "I have good news for you.
4 I am pregnant and Dodi will declare his engagement to me
5 on Monday".
6 Q. The question that is asked throughout the world in such
7 circumstances is, "When is the baby due?" No doubt you
8 asked, you wanted to know when your grandchild would be
9 born, no doubt?
10 A. What silly questions you ask me. You think this is
11 a question you ask me? You want me to answer?
12 Q. Yes. Did you not ask?
13 A. What I have to do with that, can you tell me?
14 Q. Did you not ask, Mr Al Fayed --
15 A. I did not ask. Why I ask such a silly question, can you
16 tell me?
17 Q. Because I suggest --
18 A. What are you trying to prove, all this hullabaloo
19 you are talking?
20 Q. I suggest that Diana could never have told you that she
21 was pregnant.
22 A. Really? You are imagining that.
23 Q. It is what is called "evidence".
24 A. Look, I am the only person. I am the father of Dodi and
25 I am the closest friend to Diana and --
149
1 Q. It is what is called "evidence".
2 A. -- and nobody -- and what you are talking is just
3 bullshit and just trying to prove a point to protect
4 your seniors, right, and to persuade me that I am a guy
5 dreaming and hallucinating. You have to understand
6 I lost my son --
7 Q. It is not bullshit, Mr Al Fayed.
8 A. -- and I am not letting anybody -- my son being murdered
9 by MI6, and the two officers of MI6 are Langham and
10 Spearman. They have been there. Spearman was senior
11 assistant to Spedding, the head of MI6, and
12 the documents -- and the proof is lying in MI6. And if
13 the Coroner can have the power to invoke that and get
14 Richard Tomlinson to see where these bodies are
15 buried -- I am sorry, I am not going to continue
16 answering your silly questions because you are
17 representing Stevens and Mishcon(sic) and both of them
18 have committed crime against me by hiding this letter.
19 What do you want more than that? Two serious
20 complaints being put to two senior commissioners, top
21 power in the police, complain that she was going to be
22 murdered and she was murdered and they hide the letter.
23 And what you are talking -- standing up, defending that,
24 I am just not accepting that, and prove that the blood
25 is not Henri Paul's blood. This is another thing.
150
1 Q. You have not even --
2 A. Those two things is just to confirm what I said, that
3 there is a foul play between the French intelligence and
4 the British intelligence to do this major cover-up.
5 Fine.
6 Q. You have not even permitted this woman to have dignity
7 in death, have you, Mr Al Fayed? We have had to ask
8 witness after witness questions about her method of
9 contraception and even her menstrual cycle and
10 the evidence shows that Diana could not have been
11 pregnant.
12 A. I am sorry, all these witnesses have been siding -- they
13 are part of the cover-up and been told what to say.
14 Q. And you are not telling this jury the truth, are you?
15 A. What you say?
16 Q. Diana could not have said to you, Mr Al Fayed, that she
17 was pregnant.
18 A. I cannot believe that you talk with this conviction out
19 of your backside. I cannot believe it. Why are you
20 just so sure what you are talking about? I am telling
21 you Diana told me that --
22 Q. Am I in the plot too?
23 A. -- and I am the father of Dodi and I am the closest
24 person to her. If she tell me that, I believe her.
25 What are you trying to prove to the jury? Are you
151
1 trying to prove just rubbish, conviction of you and your
2 superiors?
3 Q. You are putting yourself forward as the closest person
4 to Diana in August of 1997, are you?
5 A. Before that. Long --
6 Q. And long before?
7 A. Long before, nearly for 20 years before. And there is
8 correspondence and letters that my lawyer has that they
9 can prove that to you.
10 Q. If we can just go back to the start of this
11 relationship --
12 A. I am not going to take any -- it is enough because
13 I have no respect for the people that you represent,
14 right?
15 Q. Dodi was called to St Tropez very suddenly by you on
16 14th July, wasn't he?
17 A. I think I am going to stop answering all these silly
18 questions which lead nowhere.
19 LORD JUSTICE SCOTT BAKER: Well, I am the one who decides
20 whether they are silly questions.
21 A. But they are completely irrelevant and just I do not
22 know what he is after. He does not know what he is
23 talking about.
24 MR HORWELL: Dodi had to unexpectedly leave Kelly Fisher,
25 didn't he, on 14th July? In fact, he told her a lie and
152
1 said he was going to London on business.
2 A. Kelly Fisher is just a hooker.
3 Q. She is what?
4 A. A gold-digger.
5 Q. What did you say?
6 A. A hooker.
7 Q. You don't care what you say about whom, do you,
8 Mr Al Fayed? The rights and interests of others matter
9 not to you, do they?
10 A. The way she performed and the way she gave her
11 witnesses -- she is just one of Dodi's girlfriends have
12 nothing to do; no serious -- no engagement, have
13 nothing.
14 Q. Why do you call her a "hooker"?
15 A. Because she was only after money and after catching Dodi
16 anywhere.
17 Q. You truly do not care about the interests of other
18 people, do you, Mr Al Fayed?
19 A. No, I am just telling you her behaviour because I am
20 judging -- that is from her behaviour. She comes here
21 and sits in the witness box, talking all unreal things
22 because she is bitter that she had not hooked to Dodi.
23 That is all.
24 Q. What about the telephone call that she said she had with
25 you soon afterwards, when you were very rude to her?
153
1 A. I was very rude because I tell her to get off my son,
2 have nothing to do with my son.
3 Q. She was excluded from the Al Fayed family very quickly,
4 wasn't she?
5 A. She had never been included at all. She had no include
6 and nobody had seen her, just Dodi see her in Paris, see
7 her as a casual friend.
8 Q. What did Dodi tell you about the ring? When did he
9 first speak to you about the Repossi ring, Mr Al Fayed?
10 A. What you had to do with that? What are you trying to
11 prove? Can you tell me? I say he has bought the ring
12 from Repossi, this from the collection of engagement --
13 Q. When did he first tell you about the Repossi ring?
14 A. He told me he bought when I talked to him --
15 Q. On the Saturday night?
16 A. Yes.
17 Q. At about 11 o'clock?
18 A. That is right.
19 Q. Did he tell you where they had ordered it?
20 A. From Repossi.
21 Q. Did he tell you where the Repossi outlet was where they
22 ordered the ring?
23 A. They ordered the ring? They have seen it in the window
24 in Monte Carlo and he told the manager of Ritz what
25 about the ring, and when they arrived to Paris,
154
1 the manager, I think, or maybe Dodi has gone there.
2 I do not know exactly what they have done. But he got
3 the ring with him from Repossi. This is the same on
4 Saturday, I think.
5 Q. It is a matter for the jury, Mr Al Fayed, but it may be
6 decided that Mr Repossi has lied about the circumstances
7 in which this ring was purchased.
8 A. I am sorry, and I have written a letter to Lord Stevens
9 complaining about bullying Repossi and trying to change
10 his evidence several times. This is proof, in
11 the letter to Lord Stevens, fine. And this is what --
12 the bad behaviour all the time, trying to change
13 the witness statement, trying to get the witness's
14 signed statement they never say about it.
15 LORD JUSTICE SCOTT BAKER: I am more concerned about what
16 Mr Repossi said in the witness box in this court. One
17 of the problems was that a good deal of it did not
18 square with the CCTV evidence.
19 A. Well, what I had to do with that? The guy, he sold
20 the ring and the ring -- engagement ring, and Dodi got
21 it and I paid the money and that is all. What are you
22 talking about? What are you trying to prove? Can you
23 tell me what you are trying to prove?
24 MR HORWELL: Mr Repossi has lied about the meeting in
25 St Tropez at which Diana and Dodi selected the ring,
155
1 a meeting which is not supported by any evidence
2 whatsoever; he is lying about the request to have
3 the ring sent to the factory to be sized; he is lying
4 about the ring travelling from the factory to the store
5 in Paris; and he is lying about the reasons as to why
6 Dodi went to the store that Saturday afternoon.
7 A. Why do you say he is lying? Why? What are the proofs
8 that you have?
9 Q. If he is lying, somebody has asked him to lie,
10 Mr Al Fayed.
11 A. Nobody ask him. This is the truth. And it is in
12 a statement -- you get my letter where I was complaining
13 bitterly, when he was interrogated several times, like
14 just try to change his statement, the way the
15 Paget Report would like to see that he is lying. Right?
16 And what about the letter which I wrote to Stevens? Why
17 don't you get it out and read it?
18 Q. I am not interested in the letter.
19 A. But it is the proof --
20 Q. I am interested in your evidence.
21 A. -- the proof that the guy is saying the truth. The most
22 important thing, he sold the engagement ring from
23 the collection of engagement and Dodi got the ring in
24 Paris and this is the engagement ring. That is all.
25 If you would like to prove anything, you shall
156
1 struggle, Mr -- I don't know what is your name.
2 Q. The Villa Windsor, Mr Fayed: we have a transcript of an
3 interview that you gave to ITV dated 3rd June 1998 in
4 which you said to Nicholas Owen the following:
5 "Dodi and she decided that this is the place [Villa
6 Windsor]. This is the place she loved. She find that
7 this is the place for her."
8 That is right, is it?
9 A. It is a possibility.
10 Q. Mr Al Fayed, I am not asking you about possibilities.
11 Did somebody tell you that Diana thought that this
12 was --
13 A. I said that is a possibility from Diana, this is a place
14 she would like to live in.
15 Q. Did Diana tell you that this is the place in which she
16 wished to live?
17 A. No. Dodi told me that.
18 Q. Dodi told you that?
19 A. Yes.
20 Q. When did he tell you that?
21 A. I do not remember. Some time, you know, when they were
22 there, because Diana was very serious about the history,
23 about the abdication, about all that, you know.
24 Q. We have heard that Diana thought it was a mausoleum and
25 did not wish to spend time there.
157
1 A. Possibility, yes.
2 Q. You have said, haven't you, in the past, that on that
3 last Saturday, 30th August, they spent two hours at
4 Villa Windsor?
5 A. Possibility.
6 Q. Where did that information come from?
7 A. From the housekeeper.
8 Q. From the housekeeper?
9 A. The guardian, yes.
10 Q. You wanted the world to believe that Diana and Dodi were
11 going to live at Villa Windsor, didn't you?
12 A. You are wrong.
13 Q. You see, we have heard that they could not have spent
14 two hours at Villa Windsor that day.
15 A. Such really pathetic questions you are asking me.
16 Q. No, it is not, Mr Al Fayed.
17 A. If you have nothing to do, you don't have anything
18 serious concerning what I am looking for. She had gone
19 there, she had visited in the house, Villa Windsor, you
20 say? We are talking about serious evidence of
21 the murder.
22 Q. Yes, this is serious.
23 A. Like you, representing -- you are trying just to get
24 things in (inaudible) turning around, unnecessarily
25 wasting the time of everybody.
158
1 Q. It is not wasting time, Mr Al Fayed, because they spent
2 28 minutes at Villa Windsor.
3 A. You think I have a meter, I am watching them by
4 helicopter?
5 Q. But Ben Murrell told us that he was asked --
6 A. Ben Murrell is a crook again.
7 Q. He is a crook, he is part of the conspiracy?
8 A. He again betrayed me also the same. The three people in
9 charge of Dodi and Diana betrayed me and turned against
10 me by the intelligence services, and people like that
11 have no dignity, have no honour, just denounce
12 everything. Their confidentiality letter they signed,
13 worked for me, and they have been persuaded to tell what
14 the intelligence service want them to because they won't
15 defend themselves. As I say, I think I have had enough
16 of you. I will not talk to you anymore because it is
17 just talking completely -- and, please, you interfere to
18 stop such a --
19 LORD JUSTICE SCOTT BAKER: It is time to have a break now,
20 Mr Horwell.
21 MR HORWELL: Thank you.
22 A. Please, I am not going to take any more answers from
23 him.
24 (3.12 pm)
25 (A short break )
159
1 (3.27 pm)
2 (Jury present)
3 MR HORWELL: Your allegation that Lord Stevens was forced by
4 the Establishment to report against you, Mr Al Fayed,
5 you say is based on the suggestion that a laptop was
6 stolen in the course of a burglary and the Establishment
7 have been able to blackmail Lord Stevens.
8 A. It is a possibility. Why they steal his laptop? It is
9 funny, in such an important time of the investigation,
10 they go at his private office and take his laptop. And
11 this is maybe part of discovering things, you know, and
12 they blackmail him and then they had to do everything,
13 in spite of him promising to me that he will do a fair,
14 definite investigation to discover the truth. That was
15 all baloney.
16 Q. Allegations do trip off your tongue, Mr Al Fayed,
17 without any recourse to the evidence whatsoever, don't
18 they?
19 A. But you asked me about the evidence. How can somebody
20 like you, who is intelligent, ask me about the evidence
21 and the evidence -- how can I get the evidence if there
22 is a steel wall in front of the security service and
23 these black forces which -- dark forces which exist.
24 And what about the Official Secrets Act? Who has issued
25 this Official Secrets Act, to silence anyone, to
160
1 threaten anyone who would dare to talk against the
2 Establishment and the Royal Family? Can you tell me?
3 I am relying on the Coroner to force his ways and to
4 get MI6 to open their books, and the only person who
5 will find the proof is the guy who has been here who has
6 worked for MI6, Richard Tomlinson.
7 Q. Can we deal with the matter that I was asking you about,
8 the corruption of Lord Stevens?
9 A. His what?
10 Q. The corruption of Lord Stevens.
11 A. What do you mean, "corruption"?
12 Q. Lord Stevens, according to you, has been corrupted by
13 the Establishment to put into his report findings
14 adverse to your position?
15 A. That is right.
16 Q. And Lord Stevens has been corrupted because
17 the Establishment --
18 A. Been influenced and been --
19 Q. -- obtained a laptop through which they have been able
20 to blackmail Lord Stevens?
21 A. I am telling you this is one of the possibilities, that
22 he turn and just write a complete negative report that
23 have no value whatsoever after three years, all right?
24 Q. Just so that the jury can assess the circumstances in
25 which you make that extraordinary allegation --
161
1 A. Really?
2 Q. -- Mr Al Fayed --
3 A. Really? Extraordinary?
4 Q. Yes.
5 A. By someone sitting and having very serious complaint
6 from a person who has been murdered, right -- he sit on
7 it and don't give it, and he knows this is a duty to
8 give it to the Coroner and to give it to Judge Stephan.
9 Which you want?
10 Q. These are the circumstances in which you allege that
11 a honest and honourable man has been corrupted --
12 A. That is right.
13 Q. -- and the circumstances are these: in an office in
14 Newcastle, of a company connected to Lord Stevens, two
15 laptops and 50 pence in cash were stolen in January of
16 2006. This is what is called "evidence", Mr Al Fayed,
17 do you understand?
18 A. What evidence?
19 Q. This is evidence.
20 A. Yes, but his laptop had been taken away.
21 Q. The office had nothing to do with Paget. The laptops
22 had nothing to do with Paget.
23 A. But this is a private laptop, Mr --
24 Q. Could you help the jury please as to how the
25 Establishment were able to corrupt Lord Stevens to
162
1 report in a manner that was adverse to your position?
2 A. It is not only the laptop, but also the pressure on him.
3 He had to do what they want --
4 Q. Mr Al Fayed --
5 A. -- as a part of cover.
6 Q. -- I am going to stay with the allegation that you have
7 made against Lord Stevens concerning the corruption of
8 him by the Establishment.
9 A. That is right.
10 Q. Can you help this jury please as to why you are prepared
11 to allege that the Establishment has blackmailed
12 Lord Stevens and thereby corrupted him through the theft
13 of two laptops and 50 pence in cash from an office in
14 Newcastle?
15 A. But this is the tricks of MI6. If they like to have
16 more influence and proofs, they get the guy who is in
17 charge of their investigation do what they want. Right?
18 This is normal practices, right?
19 Q. What is your basis for making this allegation?
20 A. But it has happened. His laptop -- who is going to
21 steel his laptop? Can you tell me?
22 Q. The basis for alleging that Lord Stevens has been
23 corrupted by the Establishment is the mere fact that two
24 laptops and 50 pence in cash were stolen from an office
25 connected to him in Newcastle, full stop, Mr Al Fayed.
163
1 A. Fine. And what do you want me to do? His laptop has
2 been stolen.
3 Q. It is not his laptop, Mr Al Fayed. It is a laptop from
4 a company connected to him.
5 A. It is a personal laptop. You are trying to -- you know,
6 telling something just to cancel what I am saying.
7 It is not right. I am not telling you --
8 Q. I just want the jury to understand the limited evidence
9 that you require to make an allegation as serious as
10 that, Mr Al Fayed. The limited evidence that you
11 require to allege against a man like Lord Stevens, that
12 he was corrupted by the Establishment, is the fact that
13 two laptops and 50 pence in cash were stolen from an
14 office connected to him in Newcastle.
15 A. Yes, but this is --
16 Q. And from that basis, you are prepared to make an
17 allegation of corruption against a man such as
18 Lord Stevens?
19 A. I believe that.
20 Q. You are not interested in the evidence at all, are you?
21 A. What evidence? It is evidence. It is proved that,
22 definitely, there is definitely black forces. MI6
23 people would like to know exactly what he is doing, what
24 he have in mind, what he has been doing. It is very
25 important for them to know exactly his behaviour, if he
164
1 have contacts. It is part of MI6 tactics, right?
2 Q. Mr Mansfield has said to a number of witnesses that have
3 been in that witness box, Mr Al Fayed, "Assume nothing".
4 Are we to take it that each of these allegations that
5 trip off your tongue without any thought from yourself
6 are based entirely on assumption and not evidence?
7 A. No because this is part of the evidence. This is part,
8 again, gratifying him. They give him to investigate all
9 of the football clubs, fine, with a huge amount of
10 money, right. Is this again not part of looking after
11 him because he has been a good boy?
12 Q. It is such a shame that Lord Stevens was not questioned
13 about this suggested corruption of him, Mr Al Fayed,
14 isn't it?
15 A. If he comes next in the witness box, I am sure my
16 barrister will question him.
17 Q. He has had the opportunity and, as I said to you
18 earlier, this afternoon, Mr Mansfield has not in any
19 sense been reluctant to put your case.
20 A. I am putting it on my behalf because I am the person who
21 is suffering now.
22 Q. It was never suggested to Lord Stevens that he was
23 dishonest or corrupt in any way.
24 A. Everything have proved too me by the covering of
25 Lord Mishcon's letter. This is a major crime.
165
1 Q. Now, let's look at some evidence, shall we, Mr Al Fayed?
2 A. Yes.
3 Q. On 12th March 1998 you made a very short deposition to
4 Judge Stephan.
5 A. Yes.
6 Q. You said this about the telephone call on the Saturday
7 night:
8 "Before midnight, he phoned me. He wanted to return
9 to the apartment. I urged him not to do that and to
10 remain at the Ritz. He said to me that he would try to
11 find a solution with Diana. I told him that if he
12 really wanted to go to the apartment, he should leave
13 the hotel by the main exit."
14 Why on earth did you say to Judge Stephan in March
15 of 1998 that you had told Dodi to leave the hotel by the
16 main exit?
17 A. This may be on previous communication with Dodi --
18 previous communication maybe with Dodi, he called me
19 before.
20 Q. What discussions did you have with Dodi about the exit
21 from which he should leave the Ritz Hotel?
22 A. After I told him there is a hell of paparazzi outside
23 the hotel, a lot of people, and it will be very
24 dangerous, but --
25 Q. Does that mean that there had been discussions with Dodi
166
1 about leaving the Ritz from the back exit?
2 A. No. I told him not to go because I get information from
3 the security -- "There is security that is a hell of
4 a things in the front of the hotel and in the back of
5 the hotel and please don't leave the hotel".
6 Q. I am not asking about the principle of leaving
7 the hotel. I am asking you about the manner in which
8 it was discussed that he should leave the hotel. These
9 are your words to Judge Stephan:
10 "I told him that if he really wanted to go to the
11 apartment, he should leave the hotel by the main exit."
12 A. Maybe in an earlier conversation.
13 Q. Why were you telling Dodi to leave by the main exit?
14 That is how you would expect him to leave.
15 A. No, but I got information after that that the main exit
16 and the back exit is completely crowded with paparazzi
17 and a lot of people waiting for them.
18 Q. You see, we have heard that at about 10.20 that night,
19 long before the telephone call that you say you had with
20 Dodi, Dodi had already made up his mind to leave by
21 the back exit in Rue Cambon.
22 A. No, only after Henri Paul had gone up there and
23 convinced him that he is safe because Henri Paul had
24 been instructed to do the job and he got money in his
25 pocket and he knows that he had to serve his handler
167
1 the way they want.
2 Q. Mr Al Fayed, again, you pay no regard whatsoever to
3 the evidence, do you?
4 A. What evidence?
5 Q. The evidence that we have heard from Thierry Rocher was
6 that Dodi told him --
7 A. Who is this? Who is this Rocher? Who is this guy you
8 are talking about.
9 Q. He worked at the Ritz.
10 A. He has nothing to do -- he is just one of the employees,
11 maybe on the reception.
12 Q. Mr Al Fayed, it does not matter who he is at the Ritz.
13 He worked at the Ritz and he told this jury that Dodi
14 had said to him -- and we can see the incident on the
15 film. We cannot hear what is being said, but we can see
16 them together at 10.20, and Thierry Rocher has said that
17 it was then that Dodi told him about the plan to leave
18 through Rue Cambon.
19 A. But this was too early. They left at ten minutes before
20 midnight.
21 Q. That does not fit with your conspiracy theory, does it,
22 so Mr Rocher must be lying?
23 A. Definitely.
24 Q. So if the evidence does not fit with your theory,
25 the witness is lying?
168
1 A. No, because my theory is the right theory because I am
2 the father who has been talking to my son and don't take
3 any garbage from anybody who can pretend that they are
4 important and Dodi can talk to them, please.
5 Q. Mr Al Fayed, if the evidence does not fit with your
6 theory, then the witness must be lying. It is as simple
7 as that, is it?
8 A. I am sorry, what I am telling you is just the truth, but
9 you are trying to formulate a formula to portray me that
10 I am just imagining what I am telling and you are
11 imagining and you are planning and you are acting.
12 LORD JUSTICE SCOTT BAKER: The problem is, Mr Al Fayed, that
13 we did hear this evidence from Mr Rocher. He may have
14 been wrong about it, but he did tell us that.
15 A. But what is the proof that he tell him that? I am
16 talking to him just 15 minutes before he left the hotel
17 and he agreed with me he is not going to leave
18 the hotel, and Henri Paul had gone up and changed his
19 mind. Anybody else will be talking, but sometimes
20 people talking -- maybe this guy had been sacked from
21 the hotel and just -- I don't know. They can have
22 purposes, you know.
23 MR HORWELL: Oh, Mr Al Fayed. You don't care what you say
24 about other human beings, do you?
25 A. No, I care, but sometimes --
169
1 Q. Perhaps Mr Rocher has been sacked and is making up lies
2 to get back at the Ritz Hotel?
3 A. Yes, few people doing that, definitely. If they have a
4 chip on their shoulder, they can talk a lot of rubbish.
5 Like Trevor Rees-Jones, like all the three security
6 service who betrayed me, right.
7 LORD JUSTICE SCOTT BAKER: Is it your belief that
8 Trevor Rees-Jones has a memory of what happened on the
9 journey?
10 A. 100 per cent.
11 LORD JUSTICE SCOTT BAKER: Thank you.
12 A. He was my only hope to tell me what happened because he
13 was follow up everything.
14 MR HORWELL: This telephone call, this extremely important
15 call with Dodi that Saturday night, is there any
16 documentary evidence to establish that the call was
17 made?
18 A. I do not think so.
19 Q. Have you tried to find the telephone records to support
20 the making of this call, Mr Al Fayed?
21 A. I do not need to do that. Why are you asking?
22 Q. Because you asked Mr Macnamara to conduct, on your
23 behalf, an investigation in Paris. No doubt this call
24 was uppermost in your mind, was it not?
25 A. Yes, but this is natural call, son and father. It does
170
1 not need to be recorded; it does not need to be
2 monitored whatsoever.
3 Q. It is this call that gives the Establishment notice of
4 the fact that Diana and Dodi are going to marry and that
5 Diana was pregnant.
6 A. That is right.
7 Q. It is a very important call, Mr Al Fayed.
8 A. Yes.
9 Q. Didn't you think it important to find the telephone
10 records to prove that the call had been made?
11 A. From where I know that they are going to murder them
12 the same night? How can I know that?
13 Q. Again, so that we understand the conspiracy that you
14 allege, when they left the apartment that night, there
15 was no indication from anyone that they were going to
16 return to the Ritz; you know that, don't you? They were
17 going to the restaurant and then they were going to
18 return to the apartment. That was their plan.
19 A. But it is Dodi's privilege to change his mind and --
20 Q. Of course, he can change his mind, like anyone else.
21 But the plan was to leave the apartment, to go to
22 the restaurant and then to return to the apartment.
23 That was the plan. You accept that, don't you?
24 A. I have no idea. I cannot prove what the plan they have
25 in mind. I am not with him, right.
171
1 LORD JUSTICE SCOTT BAKER: With M Dourneau driving?
2 A. I do not know. Maybe it is true, maybe not true. I do
3 not know.
4 MR HORWELL: Mr Al Fayed, this inquest is being held in part
5 for your benefit. Are you paying no attention
6 whatsoever to the evidence?
7 A. What evidence you have? What are you talking about?
8 What are you after? What do you want to prove?
9 Q. Are you paying no attention to the evidence at all --
10 A. You are talking just absolute rubbish. You waste time
11 of everybody.
12 Q. -- Mr Al Fayed?
13 A. Please can you try to restrain such garbage? No need to
14 waste time for nothing. What are you going to prove?
15 LORD JUSTICE SCOTT BAKER: If he asks an inappropriate
16 question, I will stop him, but these questions are, in
17 my judgment, appropriate questions because very serious
18 allegations have been made against his clients.
19 A. But how can I know? Is this reasonable? How can I know
20 that he changed his mind, that he go to the apartment,
21 coming to the apartment, going to the hotel? I am here
22 in London. How can I know that? It is something
23 personal.
24 MR HORWELL: I think the answer to my question, Mr Al Fayed,
25 is that you are paying no attention whatsoever to
172
1 the evidence that is given at this inquest, are you?
2 A. What evidence are you talking about.
3 Q. Because you don't care about evidence, do you?
4 A. Who gave this evidence?
5 LORD JUSTICE SCOTT BAKER: These are the witnesses that we
6 have heard over the last four months.
7 A. Yes, but not everything can be believed of them because
8 some of them have --
9 LORD JUSTICE SCOTT BAKER: They may be right or they may be
10 wrong, but there is evidence.
11 A. Yes, but it is wrong evidence.
12 MR HORWELL: So Dodi changes his mind at the last moment to
13 go to the Ritz instead of the restaurant.
14 A. This is what happened, yes.
15 Q. And you had a telephone conversation with Dodi very soon
16 before the crash in the tunnel, and that was the first
17 time that the Establishment could have known that they
18 were going to marry and that Diana was pregnant?
19 A. No, they have been monitoring their telephone calls and
20 their satellite and they know what they are doing, when
21 they are going to arrive in Paris, everything.
22 Q. Mr Al Fayed, I thought that you had told us that
23 the very first that you knew of the engagement and
24 the pregnancy was this telephone call very soon before
25 the crash.
173
1 A. That is right, that is right.
2 Q. Now, you were the closest person to Dodi?
3 A. Yes.
4 Q. You have told us, half an hour ago, that you were
5 the closest person to Diana.
6 A. That is right, yes.
7 Q. Many would not agree with that, Mr Al Fayed, but that is
8 the evidence that you give. So as the closest person to
9 Dodi and Diana, no doubt you were the first to be
10 contacted with the good news?
11 A. But it is not important. They told me when she wanted
12 to tell me.
13 Q. It is important, Mr Al Fayed --
14 A. They had been talking about that on the yacht and on the
15 trip and all the conversations had been listened by MI6
16 and the CIA through their satellite.
17 Q. It is important, Mr Al Fayed, because this
18 extraordinarily elaborate conspiracy has but minutes to
19 be formed and to be put into operation. Do you not
20 understand? The first that the Establishment could have
21 known of the pregnancy and the engagement was this
22 telephone call. No one else was telephoned.
23 A. They were talking together. They have been listened in.
24 Maybe she called -- nobody knows. How can -- they must
25 know that she was pregnant and they are going to get
174
1 married.
2 Q. They have moments to put this conspiracy into action,
3 Mr Al Fayed.
4 A. No, no. They know about that; they know about
5 the relation. They have been listening what they have
6 been discussing on the boat, everything. You know,
7 because through -- when you are talking also on
8 a day-to-day kind of business, fine.
9 Q. You agreed with me a little earlier, Mr Al Fayed.
10 I asked you this:
11 "It is this call that gives the Establishment notice
12 of the fact that Diana and Dodi are going to marry and
13 that Diana was pregnant?"
14 You said.
15 "That is right."
16 A. Yes.
17 Q. It is a very, very important telephone call.
18 A. Yes, but they have been listening in the hotel, they are
19 listening to me, they are listening to everybody.
20 Q. So the Ritz is bugged by MI6?
21 A. It is possible, yes. Henri Paul is there. With
22 Henri Paul, he can give all the facilities to them,
23 fine.
24 Q. Mr Al Fayed, you do understand, don't you, that if it is
25 this telephone call that gave the Establishment notice
175
1 of the engagement and pregnancy, the Establishment had
2 minutes --
3 A. They had been in Monte Carlo together; they had been
4 talking on the phone.
5 Q. Talking to who on the phone? Who else, other than
6 yourself, would they have announced the fact that they
7 were getting married and that Diana was pregnant?
8 A. Yes, but this is not basically the main cause. It is
9 part of the cause, maybe, but the main cause that they
10 know, they are very close, they are deeply in love and
11 they are going to get married -- right, okay -- and they
12 are engaged.
13 Q. Prince Philip has to be told, Prince Philip has to issue
14 the order, MI6, MI5, the French security services, CIA,
15 the ambulance service, the French doctors, the French
16 scientist, James Andanson and his dog, all have to come
17 together within a matter of moments, Mr Al Fayed, to
18 kill Diana and Dodi.
19 A. No, sir, no, sir. What you are talking a lot of
20 garbage, a lot of rubbish, just to prove a point that is
21 completely unfounded and you are trying to portray
22 yourself that you really know what you are doing and
23 trying to protect the Establishment and the intelligence
24 services and Scotland Yard for something they have done,
25 the crime of the century. Right? And you will not get
176
1 away. What you are talking about is just rubbish and
2 you are wasting time of everybody.
3 Q. Mr Al Fayed, whatever verdict this jury returns, you
4 will accept it, will you?
5 A. I will accept it because I look at them and most of them
6 understand me. I am a father, a grieved father, who
7 lost his son, and I am not talking about of just because
8 I am hallucinating.
9 Q. Whatever verdict this jury returns, you will accept it,
10 will you?
11 A. I will accept it.
12 LORD JUSTICE SCOTT BAKER: Mr Al Fayed, on the question of
13 pregnancy, there is another problem: the pathologist who
14 carried out the post mortem said that it would have been
15 noticeable if Diana was pregnant --
16 A. But who is the pathologist.
17 LORD JUSTICE SCOTT BAKER: -- by three weeks or more and
18 possibly even less than that. Do you reject that
19 evidence?
20 A. But how can they find --
21 LORD JUSTICE SCOTT BAKER: He did not notice.
22 A. The body is all corrupted, how can he?
23 LORD JUSTICE SCOTT BAKER: Are you suggesting that
24 the pathologist who said that she was not pregnant, as
25 far as he could see, is part of the conspiracy as well?
177
1 A. How can he? The body is all corrupted.
2 LORD JUSTICE SCOTT BAKER: Well, we heard his evidence.
3 A. I heard this, but it is not true.
4 LORD JUSTICE SCOTT BAKER: You say corrupted by embalming?
5 A. Definitely.
6 LORD JUSTICE SCOTT BAKER: I see.
7 Just one or two matters that I would like your help
8 about. Very soon after the crash you appointed
9 Mr Macnamara to carry out an investigation, didn't you?
10 A. Not only Mr Macnamara, also a team in Paris.
11 LORD JUSTICE SCOTT BAKER: A whole team. Their job was to
12 unearth every shred of evidence that could be found that
13 Dodi and Diana were murdered?
14 A. That is right.
15 LORD JUSTICE SCOTT BAKER: No expense was to be spared?
16 A. That is right.
17 LORD JUSTICE SCOTT BAKER: No stone was to be left unturned?
18 A. That is right.
19 LORD JUSTICE SCOTT BAKER: And all the resources of
20 the Al Fayed empire were to be made available?
21 A. Yes.
22 LORD JUSTICE SCOTT BAKER: And you are confident, are you,
23 that every shred of evidence that they found has been
24 given to me, the Coroner?
25 A. Definitely.
178
1 LORD JUSTICE SCOTT BAKER: One final matter I want your help
2 about: do you think that there is any possibility,
3 however remote, that your beliefs about a conspiracy
4 might be wrong and that the deaths of Diana and Dodi
5 were in truth no more than a tragic accident; any
6 possibility?
7 A. No way. 100 per cent. I am certain. I am the father
8 who lost his son and I know exactly the situations,
9 I know exactly the facts and I am certain, 100 per cent.
10 But I am relying and I am believing and trusting in you
11 sitting like a judge to be completely neutral, and you
12 have children. Put yourself in my position. What are
13 you going to do? You are not going to rest. I am
14 fighting unbelievable forces.
15 How can I get to the truth? But with your power as
16 a judge sitting there, you had to force MI6 to open
17 their box and find that result. This is exactly what
18 happened, and the two people who have committed and
19 organised it, Langham and Spearman. Right? And
20 Spedding was the number one who was in charge. He was
21 assigned Spearman, who was his own personal chief of
22 staff, and he was in Paris organising/executing
23 the whole plan. This is what happened. If you can help
24 me to find the truth, I still believe in your commitment
25 and your judgment and your firmness as a judge, try to
179
1 force that.
2 You tell me why two major commissioners in charge of
3 the security of this country can cover such a note?
4 Doesn't this prove something? And the blood is not
5 Henri Paul's blood? Fine. If this does not prove
6 anything ... three security guards working for me for
7 years turn against me for no reason and one guy was
8 dead. I saved his life, I did everything, because he
9 was the only person to come and tell me the truth. Do
10 you think it is a guy who has any decency, any
11 commitment, any gratitude for I saved his life? I put
12 him again -- as you have seen, his face was just
13 crumbled.
14 Anyhow, with God's blessing, I hope your support and
15 the fairness of such ordinary people of the jury, they
16 understand my points and, with your help, please try to
17 find solution with MI6 because the evidence is there.
18 LORD JUSTICE SCOTT BAKER: Mr Al Fayed, I do not think
19 anybody doubts the anguish that you have been through
20 and continue to go through and it is also very apparent,
21 the strength of your feelings. But at the end of the
22 day, we have to work on evidence rather than assertions
23 and that is what we have to look for.
24 A. How can I get the evidence? I am faced with the power
25 of the state. How can you have Official Secrets Act to
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1 cover anything? Is this fair, to have Official Secrets
2 Acts? Okay, you can do it when you are fighting
3 terrorists, but not to commit a crime.
4 LORD JUSTICE SCOTT BAKER: I think we understand your case.
5 Mr Tam, I did not ask you if you had any questions.
6 Mr Mansfield?
7 MR MANSFIELD: I see the time, sir. I do not quite know
8 when you are seeking to -- I am going to be relatively
9 short.
10 LORD JUSTICE SCOTT BAKER: I would have thought, from
11 Mr Al Fayed's point of view, that he would prefer to
12 finish tonight, wouldn't he?
13 MR MANSFIELD: Yes, that is what I would have -- I haven't
14 spoken to him, so I don't know.
15 LORD JUSTICE SCOTT BAKER: I certainly would have thought
16 that you have half an hour, and more probably, if you
17 need it.
18 MR MANSFIELD: Thank you.
19 Questions from MR MANSFIELD
20 MR MANSFIELD: I am going to ask you, Mr Al Fayed, to deal
21 with documents which are not yet in the public domain
22 but in view of the questions that have been asked --
23 sir, I think you do have a bundle of these.
24 LORD JUSTICE SCOTT BAKER: Yes.
25 MR MANSFIELD: These are letters from Diana, first of all to
181
1 you and then two more letters to Dodi, which were
2 produced a long time ago but actually were not --
3 the contents of them were not adduced. So I want,
4 through you, to adduce these letters. Do you follow?
5 A. Yes, fine.
6 Q. Do you have the ones to you in front of you?
7 A. It is not here.
8 Q. There are some here. Would you just take these? I am
9 going to do it relatively quickly, if I may, as far as
10 these are concerned.
11 As the jury don't have them -- and I am not asking
12 that the jury do have them -- the originals of these
13 letters I think you have yourself. Is that right?
14 A. That is right, yes.
15 Q. These are just copies. Just to put them in context,
16 your relationship with Princess Diana, is this right,
17 goes back to the mid to late 1980s, is that right?
18 A. That is right.
19 Q. There are other letters before these, but we start --
20 and I am going to go through them fairly quickly until
21 we get to July of the following year. If we turn to
22 the back, not the one on top, so in other words the one
23 on top is the last one but the one at the back is
24 the first one, all right? They are done in date order.
25 So the first one of this selection starting in 1996 was
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1 addressed to you, August 30th, is that right?
2 A. Yes.
3 Q. The only passage in that that I want to ask you about
4 is -- well, two passages really, that she was "thinking
5 about all of your ideas but would need time to consider
6 your kind proposals", and then there is a further
7 paragraph:
8 "I am delighted as patron of the English National
9 Ballet that you are interested in sponsoring one of
10 their galas. This would mean a great deal to us all.
11 Thank you a million times for all your support."
12 At that stage:
13 "With my best wishes, yours sincerely, Diana."
14 First of all, do you remember receiving that letter?
15 A. Yes.
16 Q. Did you in fact sponsor one of the galas for the English
17 National Ballet?
18 A. That is right.
19 Q. I want to come to the next letter, September 23rd. Sir,
20 you may recall that the overall ambit of this was put by
21 me to Mr Cole. So these are the actual letters that
22 support what I was putting at that stage. This is
23 September 23rd 1996:
24 "Dear Mohamed, I did so enjoy our meeting this
25 morning. Once again, thank you for your encouragement
183
1 and support that you offer ..."
2 I do not go through the rest of that, unless anyone
3 else wants me to.
4 Turn now on to October 15th. Do you have those?
5 There are typed versions as well as the original.
6 Again this is October 15th 1996. This is another
7 letter to you from Diana. Do you have that?
8 A. No.
9 Q. I will pause then while you get that.
10 A. 1997?
11 Q. 1996. I know it is difficult in the witness box. It
12 will be easier if I give them to you perhaps in date
13 order. It may be that they have got mixed up. Is that
14 another letter, again addressed to you from Diana?
15 I just want to read it. It is very short:
16 "Thank you so much for hosting this morning's
17 delightful occasion to launch the Heart of Britain. It
18 meant a great deal to me to attend the reception and
19 it was wonderful to see that the three girls were able
20 to be involved. They were a tribute to the marvellous
21 work carried out at the Royal Brompton. The book is
22 a charming chronicle of contemporary British life ...
23 I wish you every success in selling it."
24 Do you remember that occasion?
25 A. Yes.
184
1 Q. Do you remember what in fact it was about?
2 A. It was one of the charitable foundations that she had.
3 Q. I am going to pause for a moment. I just wanted, if you
4 would not mind, because so far it is not something that
5 has been alluded to by anybody else, just in passing
6 from you -- and it may be a part of your life that
7 nobody knows about. Have you sponsored a large number
8 of charities in the United Kingdom?
9 A. A lot of charities.
10 Q. Can you indicate what they have been?
11 A. A lot of hospices, children, the Diana Old School(?)
12 which is a sanctuary for handicapped children, children
13 with learning difficulty, homeless children in Sevenoaks
14 which is housing from time between 300 and 400 children.
15 Q. Are there other particular ones that you can remember?
16 A. Hospices in Manchester, in Liverpool, in Guildford, in
17 Scotland.
18 Q. About how many are there that you think you have
19 sponsored over the years?
20 A. About 20 hospices.
21 Q. And how long have you been doing this work?
22 A. The last 25 years.
23 Q. When you indicated, as you did earlier today, that you
24 had been refused a passport and so on, is this part of
25 the contribution to the United Kingdom that you feel you
185
1 have made?
2 A. Yes. It is a duty, you know. If God bless you and make
3 you -- you have money you can spare, you look after
4 the suffering, after the poor, which have no chance to
5 survive. Especially when you go to see this Sevenoaks
6 school, in Sevenoaks, it is just unbelievable. You know
7 the children with the cancer, refused to sponsor, to
8 give anything, unlike -- hundreds, you can say thousands
9 of children, everywhere, all over the country.
10 It is a duty which I had to do and I think I give
11 you a letter from the principal of this college in
12 Sevenoaks. I do not mind if you release this letter.
13 You know, it is a human part of me which is not only
14 that, but all my contribution, all what I have done for
15 this country, for the last 40 years. You think someone
16 like me, who brought billions of business, billions of
17 contracts in the Middle East, you know ...
18 I have given you three letters, one of them from
19 Morgan Grenfell, from Earl Home who talking to Paul
20 Channon, tell him, "People like Al Fayed we need in this
21 country". So please about the DTI report, it is
22 completely disaster for -- upsetting someone like that,
23 he can leave the country and go. I would like you to
24 read that, if you don't mind?
25 Q. We don't have time today to go into all the letters.
186
1 I am doing it in the context, as you have seen, of
2 a series of letters from Diana.
3 Just one another thing in relation to places that
4 you have helped. Have you helped the
5 Great Ormond Street Hospital in London?
6 A. Yes.
7 Q. What have you done there?
8 A. I build them state of the art scanning machines which
9 can identify anything. Any child you put there, they
10 can know they have tumours, they have spinal -- any
11 problems, at a cost of £8 million, and I am still
12 looking after this and sponsoring anything they need,
13 because it is one of the greatest institutions, to
14 relieve children not only from here but all over
15 the world, and they have helped me to cure my son who is
16 deaf and got meningitis 23 years ago.
17 Q. I am going to go back to the letters. You may not have
18 this one in front of you. I will do it quickly. On
19 3rd December 1996, another letter to you from Diana:
20 "Dear Mohamed, your agreement that Harrods would
21 sponsor Derek Deane's new production of The Nutcracker
22 in 1997 certainly provided an incredibly welcome
23 surprise for the company at yesterday's gala evening. I
24 was thrilled to be able to announce the news of your
25 magnanimity, which will, I am sure, secure the highlight
187
1 of next year's season. It is wonderful that the English
2 National Ballet is able to attract such generous and
3 prestigious sponsors."
4 In fact that is what you did in the following year,
5 is that right?
6 A. That is true.
7 Q. There is another letter, 17th December 1996. That is
8 that one. In fact, this one is typed from Diana:
9 "Dear Mohamed, it was wonderful to have my Christmas
10 lunch party at Harrods today, a perfect setting which
11 I know was greatly appreciated and enjoyed by all my
12 guests. Your staff are marvellous. It was so kind of
13 you to give presents [and so on] for everyone there.
14 With love from Diana."
15 Is that another one from Diana?
16 A. Yes.
17 Q. I am going through them fairly quickly. We are now into
18 1997; 21st May 1997. Again, "Dear Mohamed ...", it is
19 thanking you for various things. I am not going to go
20 through the letter, "... with love from Diana". Then
21 there is a following letter. Following that one in May,
22 there is one on 11th June. This is handwritten again to
23 you. There is a typed version of it there (Handed).
24 Perhaps I will take a moment on this one because
25 it is becoming more pertinent to these events:
188
1 "June 11th 1997, Kensington Palace. Dear Mohamed,
2 a very special thank you indeed for inviting the boys
3 and I to stay in France next month. Needless to say we
4 are greatly looking forward to it all and we are so
5 grateful to you for giving us this opportunity."
6 I am not going to deal with the personal details in
7 the next paragraph.
8 "I know we will speak soon, but until then, my love
9 to you all, Diana."
10 Do you remember receiving that letter accepting your
11 invitation?
12 Then, on July 1st 1997, again because it has
13 personal references in it, I just want to establish that
14 you got another letter this time from -- a short letter
15 from Diana thanking you essentially for remembering her
16 birthday, is that right?
17 A. Yes.
18 Q. And also thanking your wife, "... with lots of love to
19 you all".
20 Then we move on into July 21st. Now, this is
21 a letter again. I just want to take you through this
22 one. This is after the first occasion that she has come
23 down to St Tropez with you. So that it is clear, there
24 were also letters from her sons, but I do not produce
25 those. This is 21st July. Would you take this letter,
189
1 21st July?
2 "Thank you both so much for an enjoyable week in
3 France. I cannot tell you how much I loved it, waking
4 up every morning and seeing the sun shining.
5 The jetskis rolling was just wonderful. I really had
6 a lot of fun with everything and everyone out there.
7 The Jonikal was an amazing piece of kit. I loved
8 sailing on it. Everyone on board was so helpful and
9 kind and I was looked after so well. Superb holiday."
10 She looks forward in fact to using her Harrods card
11 and so on. So, that is on the 21st but in fact another
12 letter follows that, very soon after on 23rd July.
13 Can I just pass you that one? We are nearing
14 the end of this section.
15 23rd July. Again, it is referring to the fact that
16 you were sending her mangoes and so on. I do not take
17 time on it; 23rd July on that one. Then, 29th July,
18 there is another letter there. This is the one:
19 "Thank you for showing me these catalogues, they are
20 wonderful."
21 Do you see that?
22 A. Yes.
23 Q. And this is the one where you indicated earlier today
24 that you suggested that these catalogues refer to
25 the American property that had been bought earlier on.
190
1 A. That is right.
2 Q. Now, can you remember what conversations you had in
3 relation to that with her?
4 A. She just told me, "What a great place". "If Dodi
5 planned to go there, why you bought the house?" I said
6 I bought the house, for Dodi to carry on his
7 film-making. And she said, "I am not going to leave
8 him, I am going to go with him".
9 Q. I want to go back one stage to one of the letters, dated
10 21st July. I do not want whether you have it there but
11 would you bear with me while I just read this one, in
12 particular, again at the end of the trip to St Tropez:
13 "Dearest Mohamed", and the letters we will see at
14 this stage are in fact addressed to you in that way,
15 "Dearest Mohamed". Do you remember receiving letters of
16 this kind?
17 A. Yes.
18 Q. "I miss you all enormously. It was with great sadness
19 that the boys and I waved you off at Stansted last
20 night. We were given a wonderful [underlined] and
21 magical week and adored every minute of our stay."
22 Do you remember her telling you that?
23 A. Yes.
24 Q. She says something else here that I want to ask you
25 about:
191
1 "Thank you for your kindness, generosity and
2 patience, particularly in the light of the behaviour of
3 the British media."
4 I am going to pause there. In relation to
5 the behaviour of the British media, do you remember what
6 happened in the media generally once it was known that
7 Diana was coming to stay with you?
8 A. There was a revolution, you know. Just unbelievable.
9 Q. I am going to summarise, if I may, the kind of things
10 that were put to see if you remember them.
11 First of all, there was what is called a "storm of
12 condemnation" that Diana should compromise the monarchy
13 by coming to stay with you. Do you remember things like
14 that were being said?
15 A. Yes, a lot about that.
16 Q. She was regarded, again, as an unguided missile, that
17 she was irresponsible to stay with somebody who was
18 unfit for a British passport. Do you remember all of
19 those sort of comments?
20 A. Absolutely, yes.
21 Q. Day after day at that early stage, 13th July, 14th July,
22 15th July, the media across the board, the tabloids and
23 the broadsheets were making observations like that.
24 There was one particular one, which had:
25 "Holiday fun, but is Diana heading for the high
192
1 jump?"
2 Do you remember that kind of thing being said about
3 you?
4 A. Yes.
5 Q. This letter, having made those references to
6 the behaviour of the British media:
7 "William and Harry and I had the best holiday
8 imaginable and your family made us so welcome. Needless
9 to say, I think your entire flock is hugely special.
10 Mohamed, we will never be able to thank you enough for
11 everything. You gave the three of us a great deal of
12 happiness and a holiday to remember. Lots of love from
13 Diana."
14 Do you remember receiving that?
15 A. (Witness nods).
16 Q. You indicated earlier today that you felt that, perhaps
17 for the first time, she had found a fami