29 January 2008 - Morning session
1 Tuesday, 29th January 2008
2 (10.00 am)
3 (Jury present)
4 LORD JUSTICE SCOTT BAKER: Mr Burnett, a question has come
5 to me from the jury -- I think it arose out of Mr Rees'
6 evidence -- and they are concerned to know what
7 documents it is or isn't appropriate for a witness to
8 see before he or she gives evidence.
9 I think the answer is virtually anything that may be
10 of significance or importance. With some witnesses
11 there are a lot of background documents. Some come with
12 considerable time to spare to look at anything, previous
13 statements and so forth, that might be relevant; others
14 come with shorter time. But there is really, I think,
15 no restriction on anything that they may be shown; is
16 that right?
17 MR BURNETT: Sir, that's right, and the practice that has
18 been adopted by your secretariat and the solicitor is to
19 provide to witnesses who are coming to give evidence
20 copies of previous statements that they have made,
21 insofar as you have them, and also sometimes other
22 relevant material. So, for example, as Mr Rees
23 explained, he had been provided with the bodyguards'
24 timeline. He had, in fact, also been provided with the
25 DVD, but had not had time to look at it.
1
1 Sir, I should say that Mr Wingfield, from whom we
2 shall be hearing in a few minutes, has also been
3 provided with the timeline and the DVD and I understand
4 that he has had time to look at the DVD.
5 Sir, it's a matter for witnesses themselves whether
6 they go beyond the material that has been collected
7 together to assist them by your staff, but as we have
8 heard from a number of witnesses, one or two have taken
9 the trouble to read transcripts of evidence that has
10 been given here and elsewhere, and one would expect that
11 to happen, and it's entirely appropriate, especially in
12 circumstances where we are inviting witnesses to
13 recollect events that are a decade ago.
14 LORD JUSTICE SCOTT BAKER: Of course the evidence that the
15 witness gives in the witness box is the evidence in the
16 case.
17 MR BURNETT: Indeed, sir.
18 LORD JUSTICE SCOTT BAKER: But in circumstances such as we
19 have here, with recollections going back 10 years, very
20 often a recollection is virtually limited to what has
21 been said in a previous statement.
22 MR BURNETT: We have heard from so many witnesses -- I could
23 not even hazard a guess at how many -- that their
24 current recollection is poor. But if, for example, they
25 said something to the French police within the days or
2
1 a week or two of the events, then that is likely to be
2 their most accurate recollection. Sir, we don't doubt
3 that we shall hear more of that as the weeks go by.
4 LORD JUSTICE SCOTT BAKER: Mr Mansfield?
5 MR MANSFIELD: Sir, certainly no objection. I think the
6 question arises out of the fact that no notice had been
7 given to us before I asked the question that he had in
8 fact seen --
9 LORD JUSTICE SCOTT BAKER: I think he did, yes.
10 MR MANSFIELD: -- at least the timeline, and it had not been
11 elicited during his evidence-in-chief, so we have no
12 objection obviously to witnesses being shown any
13 document thought to be relevant, as long as we know what
14 it is they have seen.
15 MR KEEN: The only comment I would add to that, sir, if
16 I may, is at the time the secretariat gave Mr Rees the
17 timeline, it was not in evidence.
18 MR CROXFORD: Sir, may I just add that I agree with what
19 Mr Keen has just said. Sir, the practice in other
20 similar jurisdictions, of course, would be that of
21 course witnesses may see their own previous materials,
22 but they should not see materials made by other
23 witnesses. Accordingly the witness statements or indeed
24 transcripts of evidence given by other witnesses would
25 not ordinarily be shown to witnesses before they have
3
1 given evidence.
2 On occasion, of course, matters which other
3 witnesses have mentioned in statements or in their
4 evidence as questions of fact might be distilled down
5 and appropriate questions carefully put to a witness
6 before he goes in the box, but he shouldn't be shown
7 statements made by others, if I may say so, particularly
8 after such -- in a case of this sort, with a long delay,
9 for the temptation will be, inadvertently, no doubt, to
10 reconstruct by filling in gaps from what others are able
11 to say.
12 MR BURNETT: Sir, I am not aware that any witnesses have
13 been given statements from others, but of course,
14 insofar as any witness has given evidence before you --
15 LORD JUSTICE SCOTT BAKER: We want to know what the --
16 MR BURNETT: That evidence is freely available on the
17 internet, so it is a matter which --
18 LORD JUSTICE SCOTT BAKER: We are dealing with a somewhat
19 unusual situation in this case and we have to look at
20 the practicalities of it and keep things within time
21 bounds.
22 MR BURNETT: Indeed, sir.
23 Sir, before Mr Wingfield is called, can I pass on to
24 you and to those present and also to the jury some good
25 news? Sir, we received news yesterday that
4
1 Henrietta Hill gave birth on 24th January, last
2 Thursday, to a healthy baby boy, who she tells me
3 weighed 8 pounds, 4 ounces -- I am glad she is still in
4 pounds and ounces -- and he is called Reginald Leonard
5 Peter Kenyon. I am sure we wish him, Henrietta and his
6 father our very best.
7 LORD JUSTICE SCOTT BAKER: We will pass on everybody's good
8 wishes.
9 Yes, now Mr Wingfield.
10 MR KIERAN ALEXANDER WINGFIELD (affirmed)
11 LORD JUSTICE SCOTT BAKER: Do you prefer to sit or stand,
12 Mr Wingfield?
13 A. I will sit, please, sir.
14 Questions from MR BURNETT
15 MR BURNETT: Now, Mr Wingfield, as you know, I shall be
16 asking you questions first on behalf of the Coroner and
17 thereafter others will ask you further questions.
18 A. Sir.
19 Q. Could you give us your full name first, please?
20 A. Kieran Alexander Wingfield.
21 Q. As I am sure everyone here is well aware, you were the
22 other bodyguard on duty with Trevor Rees on the night of
23 the crash in which Dodi Al Fayed and the Princess of
24 Wales died.
25 A. That's correct, sir.
5
1 Q. Can I start, please, by identifying with you various
2 statements that you have made in the past?
3 A. Yes.
4 Q. Did you make a statement to the French police on
5 2nd September 1997, so within two days of these events?
6 A. Yes, sir. I gave it to an officer called Eric Gigou.
7 Q. You have a copy of that statement?
8 A. Yes, sir.
9 Q. Did you also make a statement in London, but in the
10 presence of some French police officers, on
11 16th October 1997 where they showed you a large number
12 of photographs of photographers?
13 A. Yes, sir.
14 Q. You have that also?
15 A. Yes, sir.
16 Q. Did you appear before the examining magistrate,
17 Marie-Christine Devidal, and give some further evidence
18 on 3rd July 1998?
19 A. Yes, sir.
20 Q. You have that also. Did you make a long statement,
21 following an interview with Metropolitan Police
22 officers, on 15th February 2005?
23 A. Yes, sir.
24 Q. You have that one with you also. Now, so far as that
25 statement is concerned, made, as we can see, many years
6
1 after the events, did you read through what you had said
2 to the French authorities before making this statement?
3 A. No, sir.
4 Q. You didn't?
5 A. No.
6 Q. Was there a particular reason for that?
7 A. I thought that if I had gone through any previous
8 statements that I would have made, it would affect the
9 evidence that I was giving at that time.
10 Q. So the statement in February 2005 reflects your best
11 recollection at that time, but unvarnished by what you
12 had said within days of the events?
13 A. Yes, sir. Also my concern was that because of the
14 amount of interest and stuff that's been put out through
15 the media and on the net regarding this case, any
16 memories that I had possibly would have been tarnished.
17 Q. Is it right to assume that insofar as your account on
18 2nd September deals with events, that is likely to be
19 the most accurate?
20 A. Yes, sir.
21 Q. Would I be right in thinking that at the time you made
22 all of those statements, you had not seen any CCTV
23 footage from the Ritz Hotel?
24 A. That's correct, sir, yes.
25 Q. So your recollection was also unvarnished by the clear
7
1 evidence that we have seen in the DVD?
2 A. Yes, sir.
3 Q. You have seen, I think, a DVD compiled in respect of the
4 movements of the bodyguards.
5 A. Yes, sir, I watched that last night.
6 Q. You have also seen a timeline, as it is called, that has
7 been produced to accompany that?
8 A. Yes, sir.
9 Q. Have you also had an opportunity, and taken it, to look
10 at the evidence that Trevor Rees gave last week?
11 A. Yes, sir.
12 Q. Now, in addition to those statements, it's right, isn't
13 it, that you co-operated with Trevor Rees in the
14 production of his book, "The Bodyguard's Story"?
15 A. Yes, sir.
16 Q. What involvement did you have in that, Mr Wingfield?
17 A. I gave a number of interviews to the author of the book,
18 Moira Johnston-Block.
19 Q. Were you paid for that?
20 A. Yes, sir.
21 Q. Additionally, it's right, isn't it, that over the years
22 you have given a number of interviews to both newspapers
23 and broadcast media organisations concerning the events
24 on the night and your involvement; is that right?
25 A. Yes, sir, that's correct.
8
1 Q. Have you been paid for some, at least, of those?
2 A. I have been paid for some, yes, sir.
3 Q. Do you have any projects planned for the future for
4 which you will be paid in connection with these events?
5 A. Nothing planned for the future, sir, no.
6 Q. With that by way of introduction, can I ask you some
7 general questions leading up to events in the South of
8 France in the summer of 1997?
9 A. Yes, sir.
10 Q. I think you were in the armed forces until 1992; is that
11 right?
12 A. Yes, sir, that's correct.
13 Q. With which of the services --
14 A. I was in the Royal Marines, sir.
15 Q. When you left in 1992, what did you then do?
16 A. I joined Mr Fayed's security organisation.
17 Q. Was that in response to an advert or a contact? How did
18 it come about?
19 A. I took the job through the forces resettlement. They
20 were basically looking for people that had close
21 protection experience. I applied for the job. I had
22 an interview with Mr Macnamara and a woman called
23 Alison Smith in London, and a couple of weeks later
24 I was informed that I had the job.
25 Q. Can everyone hear okay? Good. If you could keep your
9
1 voice up?
2 So you were leaving the services, and they have
3 a system by which they seek to resettle leaving soldiers
4 and marines into civilian jobs?
5 A. That's right, sir.
6 Q. You came by Mr Al Fayed's job through that route?
7 A. That's correct, sir.
8 Q. That was 1992. You mentioned that you had had some
9 experience of close protection. Had you had some
10 training in close protection before you left the
11 Marines?
12 A. Yes, sir, I completed the Royal Military Police close
13 protection course which takes place at Longmoor.
14 Q. When you joined Mr Al Fayed's security operation, would
15 I be right in thinking that you received continuous
16 training in the five years between your joining his
17 security operation and the events that we are concerned
18 with?
19 A. That's right, sir, yes. We did a number of training
20 either exercises or training courses during that period.
21 Q. The nature of the security operation, can I just explore
22 that with you? I think you became part of the Oxted
23 residence team, as it was called.
24 A. That's correct, sir, yes.
25 Q. Would that be the people within the organisation who
10
1 were particularly concerned to look after Mr Al Fayed's
2 home in Surrey and his family when there?
3 A. That's correct, sir. Normally I was with the children.
4 Q. Of course, back in 1997, he had children who were
5 relatively young and still at school and so on.
6 A. Yes, sir.
7 Q. Did you remain with the Oxted residence team throughout
8 that period?
9 A. We were put on a number of different assignments, but
10 generally I was with the Oxted team, yes, sir.
11 Q. Can I ask you about the operations room, something we
12 have heard about from others, located at -- was it
13 60 Park Lane?
14 A. 55 Park Lane.
15 Q. What was that?
16 A. It's -- an ops room is -- essentially any security
17 organisation has to report back to somewhere. It's
18 a place where decisions can be made. A log is kept of
19 everything that happens throughout the organisation.
20 It's a place where -- it's like the hub of activity in
21 any security organisation.
22 Q. Would that have been the place at which all movements
23 were recorded of all members of Mr Al Fayed's family who
24 were within his security protection?
25 A. That's correct, sir. Any movements would be phoned into
11
1 or radio'd into the ops room and put down on something
2 called a daily occurrence log.
3 Q. Was that a job that you ever personally did, in other
4 words sitting in the ops room and recording incoming
5 information?
6 A. Yes, sir.
7 Q. Is that something that each of those in the security
8 operation would do from time to time?
9 A. Everyone would rotate through the job, yes, sir.
10 Q. Would I be right in thinking that any call from the
11 security staff looking after a member of Mr Al Fayed's
12 family should be recorded in that log?
13 A. That's correct. Normally -- if I was on the desk, for
14 example, I would just use a jotter, write things down in
15 rough and then transfer it onto the log because my
16 handwriting is not very good. So you take your time.
17 You are not doing it as the guy is talking on the phone.
18 You do it on the jotter, and then, when you have
19 a minute, you put everything down neatly into the log.
20 Q. Did the security staff make travel arrangements for the
21 family?
22 A. If any family members were going to be moving, the team
23 leader would make a plan. The plan would then be shown
24 to the guys on the team. The plan would then be shown
25 to Mr Fayed, who gave the plan the okay, and with regard
12
1 to any ferry bookings or any aircraft that needed to be
2 booked, that would be done by the Harrods travel people.
3 Q. Would that include private aircraft that were owned or
4 operated by Mr Fayed and his companies?
5 A. That would be done through the Harrods travel people,
6 yes, sir.
7 Q. So far as that is concerned, how would that be recorded
8 in the operations room?
9 A. I don't think that would be recorded in the ops room,
10 sir. It would be probably in the 46 office, which is
11 the secretaries' area.
12 Q. So the 46 office, that is 46 what?
13 A. Park Lane.
14 Q. What happens there?
15 A. It's just where all Mr Fayed's secretaries stay.
16 Q. So that's the administrative centre for Mr Fayed?
17 A. Yes.
18 Q. In the years between 1992 and the summer of 1997, did
19 you ever look after Dodi?
20 A. No, sir.
21 Q. So would it be right, then, for the jury to assume that
22 your first close contact with Dodi came in the summer of
23 1997?
24 A. I had met Dodi a number of times in passing, throughout
25 the period since 1992, but I had never worked with him
13
1 personally, no.
2 Q. Now, as part of the Oxted residence team, did you go
3 down to St Tropez in July 1997 when Mr Al Fayed and his
4 family were on holiday there and when he was joined by
5 the Princess of Wales and her two sons?
6 A. Yes.
7 Q. Did St Tropez have its own protection team or were
8 people brought in from somewhere else in Mr Al Fayed's
9 operation?
10 A. We had resident guys at the villa, in St Tropez.
11 However when Mr Fayed's family went, the residence team
12 and the close protection teams would move with them and
13 remain in place.
14 Q. I doubt, Mr Wingfield, whether you have any memory of
15 precisely when you went down there; would that be right?
16 A. We used to go there virtually every summer, sir, so
17 usually July.
18 Q. Were you there before the Princess of Wales arrived?
19 A. I believe I was, yes.
20 Q. What, in general terms, was your job during the holiday
21 that the Princess had based in and from the villa?
22 A. I was on the residence team at the villa.
23 Q. And that means what, exactly?
24 A. Security in the residence, and if the children --
25 Mr Fayed's children -- were ever going out during the
14
1 daytime, we would provide security for them.
2 Q. We have heard that the two Princes had close protection
3 support from the Metropolitan Police; do you remember
4 that?
5 A. Yes, they had an officer each there.
6 Q. They had an officer each. We have heard from others --
7 and we will come to it in a moment -- that you were on
8 the Jonikal, on the cruise that took place at the end of
9 August and which ran straight into the trip to Paris.
10 A. That's correct.
11 Q. That is correct, is it? The jury have heard evidence
12 that there was an earlier trip on the Jonikal right at
13 the beginning of August. Can you remember whether you
14 were on that?
15 A. I think I was on leave at that time, sir.
16 Q. You think you were on leave. So at some stage you
17 finished in St Tropez and had some leave, and then you
18 were called back to join the Jonikal?
19 A. That's correct.
20 Q. You weren't one of Dodi's bodyguards, you have told us.
21 They were Trevor Rees and who?
22 A. It was another chap called John Johnson.
23 Q. Can you remember the circumstances in which you came to
24 be on the cruise on the Jonikal at the end of August?
25 A. Yes. Towards the end of the trip, we were gearing up to
15
1 go home and I was called down to the beach to see
2 Mr Fayed. He informed me that I was going to be going
3 onto the Jonikal with Trevor Rees-Jones, as he was known
4 then, to provide protection for the Princess of Wales
5 and Dodi.
6 Q. Can you remember when that was? I thought you told us
7 you were on leave before then.
8 A. No, when I came back off leave, we had another period in
9 St Tropez, and then, at the end of that period, that's
10 when the final trip occurred.
11 Q. I am with you. So Mr Al Fayed Senior asked you to go on
12 the trip?
13 A. That's right, sir.
14 Q. And you agreed?
15 A. I agreed. However I didn't agree with the amount of
16 security that was going to be on the trip.
17 Q. How much security was there going to be on the trip?
18 A. When Mr Fayed informed me that the trip was going to
19 happen, I asked him who else was coming on the task,
20 meaning which other protection officers were going to be
21 with me, and he informed me it was Trevor Rees-Jones and
22 that was it. I suggested to Mr Fayed that that was not
23 enough to provide adequate cover. His words to me were,
24 "I want this to be low key. It's only going to be for
25 two or three days."
16
1 Q. So you are on the beach at St Tropez, you express your
2 concerns to Mr Al Fayed, but the essence of his answer
3 is that he wants it to be low key --
4 A. Those were his words, yes, sir.
5 Q. -- and two should be enough. At that stage, I think you
6 have just told us, you understood that the trip would be
7 a very short one?
8 A. Mr Fayed told me it would be two or three days.
9 Q. Did you raise your concerns about the number of security
10 staff with anyone else?
11 A. Yes. I went immediately up to the ops room and spoke to
12 my team leader and a number of my colleagues up there,
13 and I was quite forceful in suggesting to them that this
14 plan to just have two guys on the trip wasn't enough,
15 and the team leader said to me, "Well, if that's what
16 the boss wants, that's what's going to have to happen".
17 Q. You have mentioned an operations room that's in
18 St Tropez.
19 A. That's right.
20 Q. So how did that tie in with the Park Lane operations
21 team when Mr Al Fayed was in one of his other homes?
22 A. In every residency that Mr Fayed has, there is a small
23 ops room so that the team that is on the ground in that
24 particular area can either report back to that one and
25 that team can then report back to the main ops room
17
1 which is in London. For example, in Finland, there is
2 a small ops room; Paris, small ops room; and in
3 St Tropez.
4 Q. How many people did you think were needed to provide the
5 security that you judged was necessary?
6 A. Even for a two- or three-day trip, I would imagine at
7 least eight.
8 Q. Why was that?
9 A. Because of some people being awake at night time.
10 Perhaps we would be going to a shore venue where we
11 would need people to move in an advance party, people to
12 do recces and still provide protection with the Princess
13 and Dodi when they were on the Jonikal.
14 Q. You have mentioned training, both before you joined
15 Mr Al Fayed and afterwards. I don't think I am seeking
16 from you details of how these things work, but
17 presumably one can work out the number of people ideally
18 needed to provide close protection in different
19 environments and over different periods?
20 A. That's right, sir. I believe eight was the minimum
21 required for the tasking on the Jonikal; not because of
22 staying on the boat, but in the event that the couple
23 went ashore, that's when we would have really needed the
24 eight.
25 Q. Do you remember Dodi and Diana arriving in the South of
18
1 France for that cruise?
2 A. Yes, sir.
3 Q. How did they arrive?
4 A. G4, one of Mr Fayed's aircraft.
5 Q. I think we have heard about G4 already. It was
6 a Gulf Stream.
7 A. That's correct.
8 Q. So that flew down to the South of France?
9 A. That's correct.
10 Q. Did you meet them?
11 A. I met them with one of the drivers from the St Tropez
12 section, and that's where I met up with Trevor.
13 Q. Did Trevor then fly down with them?
14 A. I can't recall, sir.
15 Q. Anyway, you met him at the airport.
16 A. That's right, yes.
17 Q. Had you worked with Trevor prior to this engagement in
18 the summer of 1997?
19 A. I knew Trevor from the organisation, but I had never
20 worked with him for any long period of time; only in
21 passing.
22 Q. So the two of you are now at the airport, you have the
23 car you arrived in. Any other vehicles?
24 A. There were two vehicles with us.
25 Q. How were arrangements made to take Dodi and Diana to the
19
1 yacht?
2 A. Via one of the vehicles.
3 Q. What about their luggage?
4 A. We had a problem straightaway because we didn't want to
5 split the security, however it wasn't enough vehicles to
6 move all the luggage. So what we decided to do was get
7 the principals on board first and then move the luggage.
8 Q. So you took them to the boat, then came back for the
9 luggage?
10 A. Yes, but we had to split up straightaway.
11 Q. Why is that undesirable?
12 A. Because we should have been providing protection for the
13 couple, you know, as much as we could, between the pair
14 of us, but, as I have said to you, if we'd have had more
15 blokes on the ground or more protection officers on the
16 ground, that wouldn't have been a problem.
17 Q. Having got to the boat, we have heard a little bit of
18 evidence about its movements around Italian waters in
19 the last parts of August. Some general questions,
20 please, about that: how did you and Trevor organise your
21 time on the yacht?
22 A. Because there were only two of us, basically we had
23 to -- we had to do -- perhaps if we were doing an
24 18-hour day, we would be with the principals, one, on
25 the bridge, providing a better all-round 360 place of
20
1 observation, and the other guy would be down on the
2 decks or on one ever the tenders if the couple were
3 swimming, for example. Then, of a night-time, because
4 the crew were short, we had to do a four-hour watch,
5 which we split up between us.
6 Q. Taking that stage by stage, if the yacht was underway,
7 one of you in the bridge?
8 A. Yes.
9 Q. And one of you on deck?
10 A. Yes.
11 Q. Presumably closer to where Dodi and Diana would have
12 been?
13 A. That's correct, yes.
14 Q. If the yacht was stationary, presumably either at anchor
15 or in port and people going out on boats, one of you
16 would try to be with them?
17 A. That's correct, yes.
18 Q. As far as night-time is concerned, is what you are
19 explaining to the jury that either you or Trevor, one of
20 you, was awake all the time?
21 A. That's correct, yes, sir.
22 Q. Pacing the deck or up in the bridge or what?
23 A. Usually the bridge. We used the bridge because it's
24 higher up on the boat and you have better observation
25 all round.
21
1 Q. What were the arrangements if Dodi and Diana went
2 ashore?
3 A. We had to go with them.
4 Q. Both of you?
5 A. Yes, sir.
6 Q. How did you think all these arrangements were working?
7 A. I don't consider that they worked very well because
8 normally, if you were going to be going ashore, you
9 would at least want to do a recce, have a look at the
10 place that you were going to be visiting.
11 Q. Was there any opportunity to do that?
12 A. There was no opportunity to do recces because Dodi never
13 told us until a couple of minutes before that we would
14 be going ashore, and it was very frustrating for Trevor
15 and I.
16 Q. Were you given advance notice of where the yacht was
17 going each day?
18 A. No, sir.
19 Q. Was there any particular reason that you are aware of
20 why you weren't being told of the plans for the next
21 day?
22 A. I think it was because Dodi was trying to limit the
23 amount of people that knew our destinations.
24 Q. Was that to try to avoid press?
25 A. I believe it was, yes.
22
1 Q. Having said that, it was a very obvious and prominent
2 boat.
3 A. Yes.
4 Q. So far as recces are concerned, is it standard practice,
5 when undertaking close protection, to reconnoitre in
6 advance anywhere your principals are planning to go?
7 A. That's correct. If, for example, the principals wanted
8 to go to a restaurant, you would send a couple of guys
9 ahead; they would prove the route; they would find
10 an alternative route; they would locate and liaise with
11 the local police if need be; they would locate any
12 medical facilities along the route; they would liaise
13 with perhaps the maître d' and the parking people. We
14 often carried money to provide a bung to make sure that
15 we got the best table and have a contact at the place.
16 If you thought the place, for example, was not
17 suitable for your principals, then you would also maybe
18 recce two or three other locations, and then go back to
19 your principal and say, "Look, the first one is a bit of
20 a non-starter, however there is a better place" and give
21 him a better option.
22 Q. So the purpose of close protection isn't simply to
23 provide people around the principals as they travel,
24 it's to try to plan in advance to avoid problems?
25 A. Yes, the avoidance of any conflict or problems is
23
1 probably the most important thing.
2 Q. You mention matters such as discovering where medical
3 facilities are. That, presumably, is contingency
4 planning for the worst in case it happens?
5 A. For example, your principal could slam his finger in
6 a car door or he could have a heart attack, and as
7 medical -- even though all decent operators are
8 medically trained, you would need to know where the best
9 sort of help can be given.
10 Q. So none of that was possible whilst you were on the
11 Jonikal?
12 A. No, sir.
13 Q. We will come to Paris as well, but was it in general
14 terms possible there?
15 A. No. I think one of the things that -- perhaps for the
16 jury's understanding of what happens in close
17 protection, you need to have the trust of your
18 principal, and also, more important than that, you need
19 to have the co-operation of your principals. If you
20 don't get that, your job becomes very, very difficult.
21 The passage of information stops, and if you don't know
22 where you are going, for example, you cannot possibly
23 plan or do any recces or do any appreciation of the
24 ground that you are going to be covering.
25 Q. Now, the environment that you have described, with you
24
1 and Trevor being on duty all day and then taking turn
2 and turnabout at night as well, must have resulted in
3 your having really very little sleep.
4 A. That's correct.
5 Q. In the course of the trip itself, did either of you make
6 representations to try to get more help?
7 A. Yes, sir. On a number of occasions we called for -- not
8 back-up, as has been reported before -- we called for
9 extra members to report onto the boat.
10 Q. So you just wanted more hands?
11 A. Yes.
12 Q. Security hands?
13 A. Yes.
14 Q. Was there a particular suggestion made about where those
15 extra people might be located, accommodated?
16 A. Yes. We had a number of conversations with our ops room
17 in London. I recall one where I was speaking to
18 Paul Handley-Greaves, who was my boss at the time, and
19 I said, "Look, Paul" -- I think this was about the fifth
20 day into the trip, when it was clear that the trip was
21 going to be longer than two or three days. I suggested
22 that we -- you know, we were getting tired and we needed
23 more people on the tasking. And he said, "The boss
24 wants it to be low key so we don't want people all over
25 the boat". So I suggested to Paul that we use the Cujo,
25
1 which was another vessel that was available to us in
2 St Tropez, and use that like a floating barracks for
3 other members of the team.
4 Q. We have heard, over the course of the last two or three
5 months, a little bit about the Cujo. This was, am
6 I right in thinking, a converted motor torpedo boat --
7 A. That's correct.
8 Q. -- which was often, in fact, used by Dodi?
9 A. That's correct. The understanding between the teams was
10 that that was Dodi's vessel.
11 Q. So the suggestion that -- can you remember whether it
12 was you that made it, Trevor that made it or was it
13 essentially always a joint suggestion that --
14 A. It was a joint suggestion, but I was talking to
15 Paul Handley-Greaves on the phone.
16 Q. You suggested that the Cujo might be used to house some
17 additional people. Was that to avoid the problem, the
18 perfectly reasonable concern that Mr Al Fayed had, that
19 he didn't want Dodi and Diana crowded out by loads of
20 people on the boat?
21 A. That's correct. The people wouldn't have been on the
22 boat; they would have just been alongside on another
23 vessel, giving the couple the space that they needed to
24 enjoy their holiday, but at the same time providing us
25 with extra manpower should we need it.
26
1 Q. We have heard from others about the intrusive nature of
2 photographers and the press during that cruise at the
3 end of August. That's something that you remember as
4 well?
5 A. That's correct, yes.
6 Q. We know that the party, including you and Trevor, flew
7 to Paris on 30th August, the Saturday. Can you remember
8 when you first found out that it was planned to go to
9 Paris?
10 A. There was a rumour going around the crew the night
11 before, and so Trevor and I took the opportunity to
12 speak to Dodi and he wouldn't confirm whether we were
13 going to Paris or not. However, we still packed our kit
14 to give us a bit of extra time in the morning to -- if
15 we were going. Then, on the Saturday morning, that's
16 when we found out that the trip was on.
17 Q. Did you make any arrangements in respect of that trip or
18 what should happen with -- once in Paris -- any Paris
19 security?
20 A. We spoke to the ops room in London and they liaised with
21 the Paris security.
22 Q. And the Paris security was essentially Ritz Hotel
23 security, was it?
24 A. Yes.
25 Q. We have heard from and a little bit about Ben Murrell,
27
1 who was based at the Villa Windsor. That was the limit
2 of his role, was it, looking after the Villa Windsor?
3 A. Ben was based at the villa. He was like a liaison chap
4 between Paris Ritz security and the security from the
5 UK.
6 Q. What role did you and Trevor have on the morning of
7 Saturday 30th August in making arrangements for the
8 physical security of your principals once you arrived in
9 Paris?
10 A. We just had to make sure that any moves that the couple
11 did, we were with them, and from what I recall, we
12 didn't think that we were going to have any particular
13 time in Paris. We assumed that it was going to be
14 moving straight on to London; perhaps just in Paris for
15 the afternoon and then move on to London. That's the
16 sort of indication that came from the crew. However,
17 Dodi wouldn't tell us what the intentions were.
18 Q. You have spoken about rumours going round the boat.
19 That was with the crew of the boat, was it?
20 A. That's correct.
21 Q. You weren't told for how long Dodi and Diana intended to
22 be in Paris?
23 A. The crew basically said, "It's going to be the
24 afternoon", and we thought, "Well, we are going to do
25 the afternoon and then we are going to fly onto the UK".
28
1 Q. I know it's a very long time ago, Mr Wingfield, and if
2 you simply can't remember now the sort of detail I am
3 going to ask you, please tell us. Can you remember
4 whether you were told that Dodi and Diana were intending
5 to stay in Paris before you got there?
6 A. I don't recall, but I don't think we were told. I can't
7 be 100 per cent certain on that.
8 Q. Had you been told details of where they intended to go
9 on the afternoon that you arrived?
10 A. Not until we got to the airport at Le Bourget.
11 Q. So we can assume, can we, that you had no part in making
12 the travel arrangements to get from the airport in
13 Sardinia to Paris, Le Bourget?
14 A. No, that would be done through the London office.
15 Q. Can you remember whether you and Trevor were involved in
16 laying on vehicles to get from the boat to the airport
17 in Sardinia at Albia?
18 A. I don't recall.
19 Q. We have heard who was on the flight and we have heard
20 a fair amount of detail about events on arrival and on
21 the journey immediately following the arrival. Do you
22 have a clear recollection of the detail of who was in
23 which car, whether other cars were following you and
24 buzzing you and motorbikes and things of that sort or is
25 it a general recollection now?
29
1 A. It's a general recollection. As far as I recall, the
2 Princess and Dodi were in the first vehicle with the
3 driver and Trevor. I was in a second vehicle with --
4 driven by Henri Paul, with Rene Delorm and a couple of
5 girls and some baggage.
6 Q. It's right, isn't it, that there were paparazzi at the
7 airport when you arrived --
8 A. Yes, they were waiting for us when we arrived.
9 Q. -- in Paris, and a number of vehicles, both cars and
10 motorbikes, were driven or ridden by paparazzi once you
11 left the airport in a way that you considered dangerous?
12 A. I think it was dangerous not particularly to our convoy,
13 but it was more dangerous to the motorbike riders.
14 I recall that when we got back to -- the first chance
15 that I got to speak to the Princess, she was concerned
16 that one of the chaps on the motorbikes was going to
17 fall under one of our vehicles. So it wasn't
18 particularly dangerous to us; it was more dangerous to
19 them.
20 Q. Again, we have heard about the trip to the
21 Villa Windsor.
22 A. Yes.
23 Q. I think you have very little recollection of that; is
24 that right?
25 A. That's correct, yes.
30
1 Q. We have also heard from others. I don't think, unless
2 anyone is particularly wishing me to, I need to take you
3 through everything that happened between the airport and
4 getting to the Ritz for the first time.
5 A. Sure.
6 Q. But in general terms, the paparazzi were ever-present
7 and a nuisance?
8 A. A nuisance, but not particularly dangerous; just
9 a nuisance.
10 Q. Not dangerous to you, but the Princess thought dangerous
11 to themselves?
12 A. That's correct.
13 Q. Then we know that the party arrived at the Ritz in the
14 afternoon. Again I will take this very quickly, if
15 I may.
16 A. Sure.
17 Q. You recall walking over to the jewellers, but you don't
18 know what happened inside the jewellers because you
19 didn't go down?
20 A. Trevor and I stayed outside. It was a very small sort
21 of place, the jewellers there. We stayed outside. Dodi
22 was in for maybe five minutes or so and then came out.
23 Q. Now, you have mentioned that you were driven in the
24 second car by Henri Paul; that's right, isn't it?
25 A. That's correct, yes.
31
1 Q. Had you met Henri Paul before that occasion?
2 A. No. That was the first day I ever met him.
3 Q. At that time, were you introduced to him or did he
4 introduce himself? Can you remember?
5 A. I believe Trevor introduced us. He said "This is Henri,
6 he is the 2IC at the Ritz", which means the second in
7 command of the Ritz security.
8 Q. So far as Henri Paul was concerned in the early part of
9 the day, so between the airport and getting to the
10 Ritz Hotel, was there anything remarkable about him at
11 all?
12 A. No.
13 Q. You certainly didn't notice that he had had anything to
14 drink?
15 A. No, that's -- that never happened.
16 Q. We have heard evidence from Mr Murrell concerning the
17 visit to the Villa Windsor where he suggested that
18 Henri Paul might have done; you certainly wouldn't agree
19 with that?
20 A. No.
21 Q. Now, again, we have heard evidence -- and I hope I can
22 be forgiven for taking this very quickly -- that you
23 left the Ritz and went to the apartment at Rue Arsene
24 Houssaye.
25 A. That's correct.
32
1 Q. You remember that?
2 A. Yes, sir.
3 Q. Can you remember whether there was anything remarkable
4 or noteworthy concerning that journey at all?
5 A. Not particularly. The thing that strikes me was just
6 that Rene was -- who was the butler, Dodi's butler --
7 was just panicking that he wanted to get everything out
8 of the vehicle and, to be quite honest, I wanted to get
9 Rene out of the vehicle. So we went there as quickly as
10 we could, got the stuff out of the vehicle and then
11 I proceeded in the vehicle with the driver to the
12 Villa Windsor. My intention was to get back with the
13 principals.
14 Q. Now, in your statement to the Metropolitan Police, you
15 describe going back to the apartment in -- and I hope
16 I quote you accurately -- a "standard car move".
17 A. A "standard car move" would be two vehicles, principals
18 in the first vehicles, BGs in the second vehicle. It's
19 often known as the back-up car.
20 Q. So principals in the first vehicle. Did you say "BGs",
21 "bodyguards"?
22 A. Yes. Security -- you can have -- for example, on that
23 trip, you would have the Princess and Dodi, plus one
24 security and a driver in the first vehicle. The second
25 vehicle would have ideally been used as a back-up,
33
1 carrying the rest of the security and any baggage.
2 Q. So that was how the journey to the apartment was
3 executed and there was no particular problem about it
4 that you remember?
5 A. No problem, no.
6 Q. So far as what then happened at the apartment is
7 concerned, were there paparazzi there when you arrived?
8 A. Yes.
9 Q. Did paparazzi follow you as well?
10 A. There were a number of paparazzi following us, but they
11 were waiting for us because I think they knew our
12 intention was to go to the apartment, so they were just
13 waiting at the apartment.
14 Q. We have heard from others about an altercation or some
15 argy-bargy that went on with paparazzi outside the
16 apartment. Is that something that you have
17 a recollection of?
18 A. I recall that there was some close contact with a couple
19 of members of the paparazzi, yes.
20 Q. The French police asked you to look at a large number of
21 photographs -- I am not going to take you to them now --
22 and you recognised some paparazzi and not others, but
23 there were a couple that, do you remember, you
24 identified as being particularly aggressive outside the
25 flat?
34
1 A. A couple -- I mean it's a long time ago. I don't recall
2 many details about it, apart from there was a little bit
3 of shoving, one of them was spitting. I believe they do
4 that so that you have a reaction, and then they get
5 pictures of an altercation rather than just somebody
6 getting out of a car.
7 Q. As I say, there were a couple you identified as being
8 aggressive and one who you described as being reasonable
9 and trying to get co-operation from the others.
10 A. That's correct.
11 Q. Sir, I don't know whether my learned friends would
12 object if I simply put the names because it's most
13 unlikely that Mr Wingfield will remember anyone now, but
14 by reference to the 34 photographs that we have, the two
15 who can be identified as being aggressive were Veres and
16 Benhamou, and the one who was reasonable and secured the
17 co-operation of others to be reasonable was Rat.
18 I hope I have that right. I am sure I will be
19 contradicted if I haven't. Mr Croxford nods, which
20 reassures me enormously.
21 So we are back at Rue Arsene Houssaye now. You have
22 been so far from the airport at Le Bourget to the
23 Villa Windsor and to the Ritz.
24 A. Correct.
25 Q. Did you know, when you were making that circuit, that
35
1 that is what you were doing? Had you found that out?
2 A. No. We were literally told while we were on the route
3 from Le Bourget.
4 Q. When you left the Ritz, would it be fair to assume that
5 you knew you were going to Rue Arsene Houssaye?
6 A. Yes.
7 Q. To the apartment?
8 A. That's correct.
9 Q. Had you, at that stage, any idea of what the plans were
10 of Dodi and Diana for later that evening?
11 A. No, sir.
12 Q. Did you try to find out?
13 A. We tried on a couple of times -- on a couple of
14 occasions, when we got back to the accommodation. The
15 first time we asked Rene, and he made some comment about
16 "They may be going for a meal", and when Trevor asked
17 Dodi directly, his words were, "You will find out when
18 we get there".
19 Q. We have heard evidence -- and again this is not
20 controversial -- that the time came for Dodi and Diana
21 to leave the apartment and you and Trevor also left.
22 When that happened, did you know where they were going?
23 Had you been told?
24 A. The drivers -- when we quizzed the drivers, because Dodi
25 wouldn't tell us, the drivers said, "We believe it's the
36
1 Ritz", and then, after a couple of minutes' driving, the
2 driver in our vehicle did say, "This is the way to
3 the Ritz". That's when we contacted our ops room in
4 London and said, "We can't be certain, but we believe
5 that the principals intend the Ritz".
6 Q. So the principals were in one car; you were both in
7 another?
8 A. That's correct.
9 Q. Can you remember whether, during the course of the
10 journey, there was any walkie-talkie or phone contact
11 between the vehicle ahead of you which Philippe Dourneau
12 was driving and your vehicle?
13 A. I don't recall. I don't think so.
14 Q. So you didn't know where they were going. You thought,
15 because someone told you, that the Ritz was always the
16 plan. Have you ever heard of the restaurant
17 Chez Benoit?
18 A. Only through the course of this sort of inquest.
19 Q. So you know that others have said that they were
20 expecting to go to Chez Benoit --
21 A. Yes, sir.
22 Q. -- and indeed had somebody waiting there for them, but
23 that had not been communicated to you --
24 A. Nobody had mentioned that to us, no.
25 Q. Nor to Trevor, as far as you are aware?
37
1 A. Not as far as I am aware.
2 Q. Can you remember whether the journey from Rue Arsene
3 Houssaye that eventually got you to the Ritz was
4 accompanied by paparazzi?
5 A. I don't recall. I think possibly one or two, but there
6 were certainly no problems during that trip.
7 Q. At all events, you arrived at the Ritz, and the
8 principals and you all got out of the cars in due course
9 and went inside?
10 A. That's correct.
11 Q. Perhaps I could ask you, Mr Wingfield, to take up the
12 timeline summary. Maybe the members of the jury can do
13 so as well. It was produced during the evidence of
14 Mr Rees. You have that there. What I would like to do,
15 Mr Wingfield, is quickly go through the early parts of
16 this with you without showing the CCTV footage, because
17 you saw it last night and the jury have seen it all on
18 a number of occasions, and so far as I am aware, there
19 is nothing in dispute about this.
20 A. Okay.
21 Q. Before I do so, having seen the DVD and also studied the
22 timeline, you are conscious, aren't you, that some of
23 the timings and recollections that you had in
24 February 2005 are just not right?
25 A. That's correct.
38
1 Q. Is that simply the result of your memory having been
2 letting you down?
3 A. I would say so, yes, sir.
4 MR MANSFIELD: Sir, I would ask that no suggestions are put
5 at this stage. I don't know what's happened between the
6 witness and my learned friend overnight. We have had no
7 notice again of what he has said already. If the
8 suggestion is based on something he has said, of course
9 I don't question it, but we have not been given notice.
10 I would ask for great care over this, please; no
11 suggestions to be put.
12 MR BURNETT: Sir, I will be very careful, and I should say
13 I have not seen Mr Wingfield overnight. I had two
14 minutes with him in court just before we started, as
15 I am sure everyone saw, and I am very conscious of the
16 part that my learned friend is concerned with.
17 As I say, what I would like to do is just go through
18 the early part with you to see whether what you have
19 seen on the DVD accords with what we see here.
20 A. Yes, sir.
21 Q. Now, the early entries, we see, in the left-hand column,
22 21.49.41, the arrival of the cars, and the language you
23 use is "debussing", I think --
24 A. That's correct.
25 Q. -- as people get out of cars. Everyone goes into the
39
1 hotel. We can see from this that there are various
2 discussions that went on. Are you now able to remember
3 what any of the discussion was that took place
4 immediately on arrival at the Ritz?
5 A. Yes. I recall that Dodi was very agitated that there
6 had been a number of photographers waiting at the Ritz
7 and that we hadn't been able to evade them. I suggested
8 to Dodi that if he told us where we were going to be
9 going, we would be able to call ahead at least and
10 arrange some kind of reception for him in a sanitised
11 area where no photographers were allowed, and he seemed
12 to accept that.
13 Q. We see, halfway down the first page, a reference to
14 Trevor Rees making a telephone call on his mobile phone.
15 Now, I expect you saw that on the DVD last night.
16 A. Yes, sir.
17 Q. Do you have any recollection of that call?
18 A. I have no recollection of the call, no.
19 Q. So you don't know who he was phoning?
20 A. No, but I would imagine it would have been calling our
21 ops room, telling them where we were.
22 Q. We then see -- again the jury have seen this on a number
23 of occasions -- that Dodi and Diana made their way to
24 the restaurant in the Ritz, and there is a discussion
25 between you and Dodi Al Fayed at that stage. Again, are
40
1 you able now to remember anything about at that?
2 A. Because of the way we were dressed -- we didn't have any
3 suits or anything with us -- we thought it was going to
4 be inappropriate to try and get into the restaurant with
5 the principals. So we said, "We are going to stay
6 outside", and he said, "Okay, go and get yourself a bite
7 to eat", bearing in mind that the principal was covered
8 by Ritz security, and that's what we did.
9 Q. We see that what followed was that you and Mr Rees went
10 out of the hotel for a short while and talked to various
11 members of the Ritz staff. Do you have any recollection
12 of that or is that something you can just see on the
13 DVD?
14 A. Yes, before we thought about getting anything to eat, we
15 made the decision to go and try to liaise not only with
16 the Ritz staff at the front, but maybe any of the
17 gendarmes or anybody who was out the front, and see if
18 we could make a sterile area, so that when the
19 principals came out, as opposed to having a scrum of
20 sightseers and photographers, they would have a clear
21 area, and there just go straight into the vehicles and
22 do the embus -- you know, get into the vehicles -- and
23 then move off.
24 Q. You mentioned gendarmes. I am certainly not conscious,
25 Mr Wingfield -- it may simply be my not having noticed
41
1 it -- of any CCTV footage that shows you talking to
2 gendarmes.
3 A. There was a chap there. He was from one of the
4 security -- the French security organisations with
5 a dog, a dog-handler.
6 Q. We have seen the dog-handler in the footage. I don't
7 think we have heard evidence of where he came from, but
8 all right.
9 A. He was already there on arrival.
10 Q. There are also, if you turn the page, Mr Wingfield,
11 shots of you approaching a group of paparazzi outside
12 the hotel. Do you remember that?
13 A. I don't recall doing it, but I saw it last night on the
14 DVD.
15 Q. Do you know what you were doing then?
16 A. I imagine I would have been asking them to respect the
17 sort of distances that we were asking for and to just
18 stay back.
19 Q. So, in broad terms, what you think you were doing at
20 that stage was trying to make arrangements for
21 an orderly departure later?
22 A. Almost negotiating.
23 Q. From that, is it right to understand that you knew that
24 the couple were not intending to stay at the Ritz that
25 night?
42
1 A. No, we didn't know that.
2 Q. So why were you make arrangements for them to leave?
3 A. Just in case.
4 Q. I see. Does that mean that at this stage you didn't
5 know where they were going after the Ritz?
6 A. No, we had no idea.
7 Q. Then following down a little, we see that you return to
8 the hotel and chat to a member of staff outside the
9 restaurant. In due course, as we see, you went to the
10 Bar Vendome.
11 A. That's correct.
12 Q. But Diana and Dodi come out of the restaurant very soon
13 thereafter and so you come out of the bar?
14 A. That's correct.
15 Q. Do you remember any of that?
16 A. I recall that the Princess was a little upset because of
17 the amount of attention that they were receiving in the
18 restaurant, and the couple had made the decision to eat
19 in the Imperial Suite.
20 Q. Now, we see again, from what follows, that everyone went
21 upstairs --
22 A. Yes.
23 Q. -- and they went into the Imperial Suite, but you then
24 came back downstairs. Why didn't you stay outside the
25 Imperial Suite?
43
1 A. Dodi's instructions were for us to go and grab a bite to
2 eat while we could, and we considered that was
3 acceptable with Ritz security being in the place and the
4 couple being in a locked room.
5 Q. When had you last eaten?
6 A. Breakfast time.
7 Q. So you went downstairs and into the bar. We see details
8 of that. We also see that Henri Paul entered the bar
9 and that Trevor Rees went out of the bar and made what
10 turned out to be a long telephone call.
11 A. Yes.
12 Q. Do you have any recollection of that telephone call or
13 to whom it was made?
14 A. No.
15 Q. There is no camera in the bar, so we don't see what was
16 going on in there, but we have seen a copy of the bill
17 that followed your visit and Mr Paul's visit and we have
18 also heard from various people who were in the bar, so
19 perhaps I can take this very quickly. You had something
20 to eat and some soft drinks?
21 A. That's correct.
22 Q. So far as Mr Paul is concerned, he did have something to
23 drink and you remember that?
24 A. That's correct.
25 Q. But you thought it was a soft drink?
44
1 A. Yes. In fact I asked him what he was drinking and he
2 said "ananas", which is French for "pineapple". There
3 has been lot of speculation about this, and I would like
4 to say that -- people have said "Oh, you should have
5 known", but there was nothing in Henri Paul's demeanour
6 that he had been drinking and also my focus of attention
7 wasn't Henri Paul. The focus of attention was to get
8 a sandwich down my neck as quickly as I could and then
9 get back on the job. Henri Paul was sat here, to my
10 left, but I was facing to my right, looking for
11 an indication from the Paris Ritz security staff that
12 there was maybe a change and the couple were moving.
13 Q. So just staying for a moment with how Henri Paul seemed
14 and what he was drinking. The first thing is that you
15 believed he was drinking soft drinks?
16 A. That's correct.
17 Q. There were two Ricards on the bill, which the evidence
18 suggests, if the jury accept it, had been consumed by
19 Monsieur Paul. You didn't appreciate that he was
20 drinking alcohol?
21 A. No, sir.
22 Q. Ricard is an aniseed drink. Do you personally like it?
23 A. No, sir.
24 Q. Do you recall smelling Ricard?
25 A. No, sir. The only thing I could smell ever on
45
1 Henri Paul was little cigars. He was -- he stank of
2 cigars.
3 Q. He stank of cigars?
4 A. Yes, sir.
5 Q. During the time that Henri Paul was with you in the
6 bar -- and that was quite a period -- did he show any
7 signs of having taken an alcoholic drink to your eye at
8 all?
9 A. None at all, sir, no.
10 Q. Did he show signs during the course of the evening at
11 all?
12 A. None at all. Also, I would like to add that if a member
13 of security had been drinking and we saw that he had
14 been drinking, we would immediately get rid of them,
15 stand them down from duty and deal with them in the
16 morning. It's -- because our principals -- Mr Fayed is
17 a Muslim and strictly a non-drinker, and it would be
18 unthinkable for any member of staff to be drinking.
19 LORD JUSTICE SCOTT BAKER: So if you had realised that
20 Henri Paul was drinking Ricards, how would that have
21 affected the way you would have acted later in the
22 evening?
23 A. Well, I did not know that Henri Paul was on duty, sir,
24 but if, for example, later on in the evening Henri Paul
25 had shown any indication that he was under the
46
1 influence, we would have just sent him home.
2 LORD JUSTICE SCOTT BAKER: I didn't mean under the
3 influence; I meant the fact that he had had a couple of
4 Ricards.
5 A. If it was on his breath and obvious that even he was
6 going to be talking to Dodi with any alcohol on his
7 breath, I would have sent him home.
8 LORD JUSTICE SCOTT BAKER: I see.
9 MR BURNETT: Even if you hadn't been able to smell alcohol
10 on M Paul's breath, but if you had appreciated that what
11 he had had was two Ricards, the equivalent of doubles
12 here --
13 A. Sure.
14 Q. -- leave aside whether he smelt of alcohol, what would
15 you have done? I think that was the Coroner's question.
16 A. Well, at the time we didn't know that Mr Paul was going
17 to be in any way helping out with our task --
18 LORD JUSTICE SCOTT BAKER: No, but my question was: if you
19 had appreciated that it was Ricards and not ananas, how,
20 if at all, would that have affected the way that you
21 acted later in the evening?
22 A. Later in the evening, if I would have appreciated that
23 Henri Paul had been drinking, I wouldn't have allowed
24 him to drive.
25 MR BURNETT: Even if it had just been two large measures of
47
1 Ricard?
2 A. Absolutely.
3 Q. During the course of the time you spent in the bar with
4 Trevor Rees and with Henri Paul, do you now have any
5 recollection of what you talked about?
6 A. Maybe the odd security matters, how many guys we needed,
7 how many guys were on at the Ritz; just chewing the fat,
8 really.
9 Q. But you have no particular recollection?
10 A. No particular recollections, no.
11 Q. Does it follow that at that stage of the evening you
12 weren't discussing what was to happen later with your
13 principals?
14 A. Not with our principals. Trevor and I had discussed it,
15 and he said, "If it's going to be a move from here, it's
16 just going to be an orthodox move out the front. We
17 will make sure that there is a sterile area and do
18 a normal embus".
19 Q. Discussion of that sort between two bodyguards in
20 advance of events, even when you don't know what's going
21 to happen, is that standard practice?
22 A. We were just aiming off, if you know what I mean. We
23 were just making sure that we had got the bases covered.
24 Q. If we carry on for a moment with the timeline. We see
25 that you and Mr Rees leave the Bar Vendome at 23.08.17;
48
1 you talk to M Tendil, who was a Ritz member of staff.
2 Do you remember him, in fact?
3 A. Vaguely, sir, yes.
4 Q. Then M Paul joins them. You and Mr Rees go up the
5 stairs towards the Imperial Suite, leaving M Tendil and
6 Mr Paul downstairs.
7 You told us that Dodi had said to you to go down and
8 get something to eat.
9 A. That's correct.
10 Q. So what was the arrangement, so far as you were
11 concerned, once you had finished eating?
12 A. Back up and back to the Imperial Suite.
13 Q. There was no-one outside the Imperial Suite whilst you
14 were downstairs in the bar?
15 A. No, sir.
16 Q. Were you aware of that?
17 A. I thought that there were members of the Ritz security
18 on hand doing that tasking.
19 Q. Were you surprised when you got up there and could see
20 that that was not the case?
21 A. Not surprised, but frustrated, because it was another
22 example that we should have been having more guys on the
23 tasking with us.
24 Q. Then we see from what follows that you and Trevor Rees
25 go upstairs and you are outside the Imperial Suite.
49
1 That you saw on the DVD last night?
2 A. Yes, sir.
3 LORD JUSTICE SCOTT BAKER: If Diana and Dodi had stayed the
4 night in the Imperial Suite, would you have worked on
5 the basis that somebody should be in the foyer outside
6 all night?
7 A. I am afraid we would have had to stay in the foyer all
8 night, yes, sir.
9 LORD JUSTICE SCOTT BAKER: Somebody, one person?
10 A. Both of us.
11 MR BURNETT: So what would have happened back at Rue Arsene
12 Houssaye? Would you have been accommodated there and
13 gone to bed or would you have had to do some --
14 A. No, we would have had to stay, you know, in the foyer.
15 I imagine, if that would have been the case, we would
16 have at least got a couple of members of the Ritz staff
17 to stay -- one with one of the BGs and one member of
18 Ritz staff, and then maybe each BG could have couple of
19 hours' sleep perhaps in an anteroom, sir.
20 Q. So arrangements of this sort, had they been put in
21 place?
22 A. No, because we had no idea what was going to be
23 happening that night.
24 Q. So at the time you go up and take up position outside
25 the Imperial Suite, are we to understand that even at
50
1 that stage you didn't know what was going to happen?
2 A. No.
3 Q. Can we leave the timeline for a moment? We will come
4 back to it and I will show you various bits and pieces
5 in due course.
6 Mr Wingfield, what I would like to do is to ask you
7 to explain in general terms, without locating precise
8 places or times, how you came to learn of the plan that
9 Dodi and Diana should leave from the rear of the hotel
10 and that you and others would go from the front; okay?
11 Are you with me? For the moment leave the timeline
12 aside and don't try to weave it in.
13 A. Sure, yes.
14 Q. It's the bare bones of it.
15 A. Yes.
16 Q. Now, first of all, who first told you of that plan?
17 A. Well, last night I was watching the DVD and it was
18 a huge help because there is a period or a passage in
19 the DVD that jogged my memory about Henri Paul popping
20 up to see us in the foyer, and -- I am not sure of the
21 timing; perhaps after 11 o'clock. He -- that was the
22 first time that Henri Paul mentioned -- his words were
23 "Dodi has changed the tasking", and then he told us that
24 leaves a plan to go out the back way.
25 Q. Pausing there for a second, it was Henri Paul who told
51
1 you first?
2 A. Yes, that's correct.
3 Q. We will come in a minute to what you said to the French
4 police, but I am trying to elicit your recollection now.
5 Henri Paul told you first?
6 A. That's correct.
7 Q. The evidence you have just given suggests that he
8 mentioned Dodi at that stage, "Dodi has changed the
9 tasking"?
10 A. That's correct.
11 Q. Were those his precise words or the sense of what he
12 said?
13 A. The sense of what he said.
14 Q. If you were told that something had changed, might it
15 not be thought that you had an idea of what it was
16 changed from?
17 A. Absolutely, yes, absolutely, and yet we had no
18 indication from Dodi at any time of what was going to be
19 happening later on in the night.
20 Q. So what was M Paul referring to when he said that it had
21 changed?
22 A. I couldn't answer, sir, because I couldn't speak for
23 Mr Paul.
24 Q. So he said something to that effect. At that stage,
25 when he first mentioned it -- again leave aside exactly
52
1 when that was -- what did he explain was going to
2 happen?
3 A. He suggested that Dodi's plan was to move out the rear
4 of the hotel, leaving both of us at the front of the
5 hotel, and he was going to use a third vehicle and get
6 away from the attentions of the photographers that way.
7 We immediately suggested to Henri Paul that there was no
8 way on earth that the principals were going to move (a)
9 without any security, and because we could put into
10 place a sterile area at the front, it is going to be
11 a lot safer if we do move that way to go out the front.
12 Henri Paul said, "Well, he has made his mind up". So
13 I suggested to Henri Paul that, when we get to speak to
14 Dodi, we will see about that. That was the gist of what
15 we said.
16 Q. Again, leaving aside times and precise places, how often
17 in the course of the time located between your leaving
18 the bar and eventually leaving the hotel -- so how often
19 did you and Henri Paul and Trevor Rees have a discussion
20 about the arrangements?
21 A. Perhaps a couple of times, but I am not really clear on
22 that.
23 Q. If, as you say, you weren't happy about it, what steps
24 did you contemplate taking?
25 A. We -- I first went down to the peristyle and then later
53
1 on Trevor came with me, and we were having a look to see
2 how many people were out the front and to see if the
3 sterile area had been created, which it had, and with
4 that information we both knew that when we got to speak
5 to Dodi, we would be able to give him a better option
6 than his plan, and say, "Look, the press are not going
7 to be intrusive. If you leave out the front, give them
8 a wave, have a nice picture, we can have a standard sort
9 of move from the location back to the apartments", and
10 that's what we intended to do and that's what we did
11 when we spoke to Dodi.
12 Q. Can you remember whether either of you spoke to London?
13 A. I don't recall.
14 Q. So far you have been telling the jury in general terms
15 the discussions that you had with Henri Paul, who had
16 conveyed this plan to you --
17 A. Yes, sir.
18 Q. -- albeit suggesting, as you recollect, that it had come
19 from Dodi.
20 A. Yes, sir.
21 Q. Before leaving the hotel -- I appreciate Dodi and Diana
22 went with Mr Rees, not you -- did you have any
23 discussion about the plan directly with Dodi?
24 A. Yes, it happened, I would say, about midnight. Again
25 I am looking at the DVD that I saw last night because my
54
1 recollection of timings has been very vague. We had
2 a brief conversation with Dodi. He popped his head out
3 of the Imperial Suite. We jump and we immediately both
4 go and speak to him, and we say, "Look, sir, this plan
5 is a non-starter. There is no way that we can leave
6 without any security", and he sort of agreed to have one
7 security with him, which was going to be Trevor, and we
8 said, "Look, we can't go -- you know, we can't go with
9 this plan about trying to evade the photographers", and
10 I have total recall of his words. His words were, "It's
11 okay, it has been okayed by MF, it has been okayed by my
12 father".
13 Q. "It has been okayed by MF"; that is how he described --
14 A. That's how people in the organisation would have spoken
15 about Mr Fayed, either "the boss" or "MF".
16 Q. So you say you have got recall of Dodi saying that?
17 A. I have total recall when Dodi said that because
18 I remember the feeling that I got was, well, any further
19 argument is closed now because once Mr Fayed's name was
20 mentioned in any capacity like that, in that
21 organisation, you know, argument was pointless.
22 Q. I suppose you could have tried to ring Mr Al Fayed to
23 see whether that was so.
24 A. Certainly not, because I believe if we had done that,
25 particularly with how sensitive Mr Fayed was about the
55
1 Princess and Dodi, it would have been almost
2 disrespectful and it would have implied that his son was
3 lying.
4 Q. You, in fact, don't know whether what Dodi said to you
5 was accurate or not, do you?
6 A. No, sir.
7 Q. Would I be right in thinking that within the
8 organisation sometimes Mr Al Fayed's authority was
9 prayed in aid when in fact he had not given it?
10 A. That's absolutely right. You could be on any tasking,
11 and if a secretary, for example, wanted a load of stuff
12 moving from A to B, all she would need to say is
13 "Mr Fayed has said he wants you to move that from there
14 to there" and it would happen.
15 Q. And you wouldn't question it?
16 A. No, sir.
17 MR BURNETT: Sir, would that be a convenient moment for the
18 break?
19 LORD JUSTICE SCOTT BAKER: Yes. We will break off for the
20 mid-morning break now for quarter of an hour.
21 (11.22 am)
22 (A short break)
23 (11.35 am)
24 (Jury present)
25 MR BURNETT: Mr Wingfield, you have given us the outline of
56
1 what you recollect happening.
2 What I would like to do next with you is look at
3 what you said to the French police on
4 2nd September 1997 -- so, of course, just a few days
5 after the events --
6 A. Sir.
7 Q. -- concerning this aspect.
8 Could you turn with me to page 5 of the statement?
9 I shall read a chunk of it and then perhaps ask you some
10 questions.
11 A. Yes.
12 Q. For those who are following it, I am picking it up in
13 the bottom third. This is what you said:
14 "After our snack, Trevor and I went and sat outside
15 the suite.
16 "Henri Paul came twice, the first time to ask us if
17 everything was all right and the second time to say that
18 everything had been arranged with Dodi. On that
19 occasion, I noticed that Henri Paul had just smoked
20 a cigar. I could smell it on his breath. I am positive
21 he did not smell of alcohol and his behaviour was
22 perfectly normal.
23 "Then, at around 23.15, just after Henri Paul called
24 for the second time, Mr Dodi opened the door of his
25 suite to ask me how many paparazzi were there. I told
57
1 him, after checking, that there were at least 30 or so
2 of them opposite and roughly 100 passers-by and
3 onlookers at the sides.
4 "Mr Dodi told me that we would be leaving the hotel
5 in the next few minutes using the plan he had devised,
6 which consisted of using another Mercedes and another
7 chauffeur. I thought he was talking about Francois, but
8 if the paparazzi saw him move, they would have realised
9 what was going on. Mr Dodi then told me that it was
10 Henri Paul.
11 "As I did not know Henri Paul prior to that day, it
12 did not come as any surprise that Mr Dodi should
13 nominate him to set off.
14 "Mr Dodi explained his plan to me, which consisted
15 of leaving the hotel via the rear and making the
16 paparazzi think they would be leaving from the front.
17 It was arranged that they would go straight back to the
18 apartment off the Champs-Elysees.
19 "It was perfectly normal for Trevor to accompany the
20 couple as he was Mr Dodi's personal bodyguard.
21 "We pointed out to Mr Dodi that it was not sensible
22 just to take one bodyguard, but he said in response that
23 the car was too small. What is more, his plan consisted
24 of making the paparazzi think that we would be leaving
25 from the front by sending me to signal to the usual two
58
1 chauffeurs, who incidentally were still parked in the
2 front of the Ritz, Philippe in the Mercedes and Francois
3 in the Range Rover to get ready. Getting one of them to
4 leave would have attracted the attention of the
5 paparazzi. Mr Dodi wanted to make a discreet departure
6 as we were sure that the paparazzi would approach the
7 Princess and her companion again as they had done during
8 the course of the day. At that moment they were
9 particularly thick on the ground and then there were the
10 bystanders joining them as well.
11 "In contrast to Mr Dodi's obvious anger at around
12 21.50 when he arrived at the Ritz, when he told me of
13 his plan to leave the hotel via the rear, he was happy,
14 as was the Princess. They were laughing and joking.
15 "Ironic as it may sound, I had never seen the pair
16 of them, Mr Dodi and Princess Diana, as happy as when
17 they were able to leave quietly via the rear of the
18 hotel."
19 First of all, when you made this statement, which
20 includes that section, to the French police on
21 2nd September 1997, was that your best and accurate
22 recollection of the circumstances that led to the
23 departure from the rear?
24 A. Yes, sir.
25 Q. Within that you say that Henri Paul came twice to you
59
1 once you were outside the suite; that was your best
2 recollection?
3 A. Yes, sir.
4 Q. You fixed the time at which Mr Dodi opened the door of
5 his suite at about 23.15. We will look in due course at
6 the DVD, but so far as you can remember now, was there
7 any particular reason why you located it at 23.15?
8 A. That was just, you know, from memory.
9 Q. The description of the discussion that you had with
10 Mr Dodi at the time he put his head out of the suite
11 would suggest, would it not, that quite a lot of
12 information passed back and forward?
13 A. That's correct. It passed very quickly and it was done
14 in hushed tones because Trevor and I were trying to make
15 the point that it was not going to happen that he would
16 move without any security and that's why a compromise
17 was made with Dodi. We -- the last thing we wanted at
18 that time was to have any form of argument or
19 embarrassing sort of head-to-head with Dodi,
20 particularly in front of the Princess, so fortunately,
21 at that time, he agreed to the -- you know, for Trevor
22 to go with him.
23 Q. You mentioned in the passage that I read that it was
24 perfectly normal for Trevor to accompany the couple, and
25 you didn't appear there to suggest that it was ever
60
1 suggested that neither of you should join Dodi and the
2 Princess. Are you with me?
3 A. Yes, sir.
4 Q. You have told us this morning that you think that was
5 what you were originally told.
6 A. Yes, that's correct.
7 Q. How confident are you of that, given that it doesn't
8 appear in the statement made two or three days later?
9 A. I can't think why I didn't put it in the statement.
10 It's probably because I have had a lot more time to
11 think about, you know, the events of that evening. As
12 I have said before, I have total recall of a number of
13 things and yet, on other things, my memory is very
14 sketchy.
15 Q. The other thing that you mention in this statement, the
16 passage that I have read out, was that it was Mr Dodi
17 who told you that Henri Paul was going to drive.
18 A. He confirmed what Henri Paul had already said to us,
19 yes.
20 Q. Again, I don't think that you said in the statement that
21 Henri Paul had already told you he was going to drive.
22 Again, do you see the distinction that I am making?
23 A. Yes, I do, sir.
24 Q. Just to remind you of what you said then:
25 "Mr Dodi then told me that it was Henri Paul."
61
1 That was in answer to a question about who was going
2 to drive, and you had already indicated that you thought
3 he was talking about Francois; do you see that?
4 A. Yes.
5 Q. So the evidence that you gave to the French police in
6 September 1997 was that right up until you saw Dodi, you
7 thought Francois was going to drive and it was Dodi who
8 first told you; do you see?
9 A. I think I would have assumed that it would have been
10 Francois. I can't particularly remember giving any of
11 this statement. You know, I am certain that this is
12 accurate, what I said, but it's such a long time ago
13 I really can't remember.
14 Q. The important question which I invite you just to think
15 some more about -- it's important from the jury's point
16 of view -- is whether, when Henri Paul conveyed to you
17 the plan, he included within that information that he
18 was going to drive.
19 A. I don't recall.
20 Q. You don't recall?
21 A. No.
22 Q. So that, on that issue at least, is what you said in
23 September 1997. Then you went on to describe going down
24 to the front of the hotel and giving the five-minute
25 signal; something that is seen in the DVD.
62
1 A. Yes, sir.
2 Q. Now, can we check that with you against part of the DVD,
3 please?
4 Could we pick it up, Mr Foley, at the top of page 4
5 on our timeline, so 23.14.19?
6 Can we watch it -- I hope this will not be too
7 taxing for everyone -- for about six or six and a half
8 minutes and then I will ask Mr Wingfield some questions.
9 (CCTV footage shown)
10 This is the first visit by Henri Paul to outside the
11 Imperial Suite with you and Mr Rees.
12 A. Okay.
13 Q. We can see that there was a lot of chatting going on --
14 obviously we can't hear what was there -- and the next
15 part of this film shows you and Trevor Rees continuing
16 to chat, which is why I stop it.
17 Now, we are going to look at two further sections
18 where Henri Paul comes to outside the Imperial Suite,
19 but just taking it stage by stage. First, are you
20 confident that you didn't know of the plan before you
21 went up to the Imperial Suite; in other words whilst you
22 were in the bar?
23 A. Absolutely.
24 Q. I ask you that because there is evidence from a M Rocher
25 that he was aware of it much earlier, that Henri Paul
63
1 had told him earlier than this. That is why I ask the
2 question, but you are confident about that, are you?
3 A. Neither Trevor nor I was aware of that, no.
4 Q. With the help of that footage -- I know you have seen
5 what comes later -- are you able to tell us what the
6 nature of the discussions were that you were having with
7 Henri Paul during the minutes that we have viewed?
8 A. I recall when Henri Paul was speaking to me, I could --
9 I have a vague memory of when Henri Paul was giving us
10 the instructions from Dodi, he was very close to me and
11 I could smell cigars. So again I am looking for that on
12 there and I can't see it, but I am afraid I don't know
13 what we were talking about at the time.
14 Q. As I say, we will see other shots when M Paul is back
15 with you outside the Imperial Suite. Is it right, then,
16 that you, even with the help of the footage, can't be
17 certain at which of those visits he conveyed the
18 information?
19 A. It's either of the two visits, but I am afraid I can't
20 see which one it is, and I certainly don't recall it so
21 I am not going to hazard a guess.
22 Q. We saw you throwing your arms out and then clasping them
23 together and moving forward in the chair three timed
24 minutes ago, but a minute and a half in the way we have
25 been doing it. Does that jog your memory at all?
64
1 A. It's the sort of movement I would possibly make with
2 frustration, but again I don't recall even, you know,
3 making the gesture, so I can't -- I can't argue with the
4 DVD evidence, however I don't recall doing that that
5 night, no.
6 Q. You have no idea what it means?
7 A. No.
8 Q. Can we hop forward, please, to about 23.26? If I have
9 the timing right, we will see M Paul coming back.
10 (CCTV footage shown)
11 If we stop there for a second and we will go on.
12 There didn't appear to be any substantial discussion
13 between you and M Paul at that stage?
14 A. No.
15 (CCTV footage shown)
16 Q. Pause there, please. So we have seen you come
17 downstairs. You have gone to the front of the hotel and
18 you appear to be looking outside. Does looking at that
19 footage jog your memory at all as to what you might have
20 been doing?
21 A. Yes. I was looking to see what the situation was
22 outside the front of the peristyle and the front of the
23 hotel.
24 Q. By "the situation", you mean what?
25 A. With how many photographers were there and whether it
65
1 was a large crowd of bystanders or not.
2 Q. Thank you. Could we carry on, please?
3 (CCTV footage shown)
4 If we pause there, you are moving your arms around
5 a lot. Can you remember what you were doing, what you
6 were describing?
7 A. I believe I would be describing the situation out at the
8 front to Trevor.
9 Q. Some more, please. (CCTV footage shown) If we pause
10 there, so we have seen M Paul leaving, and you and
11 Trevor remain there.
12 A. Sir.
13 Q. We will move next to M Paul's return. Mr Wingfield, the
14 jury have seen other footage which shows that, for part
15 of that time, M Paul was on the phone downstairs.
16 23.36.40 or thereabouts.
17 (CCTV footage shown)
18 If we could pause there, two particular things.
19 One, Mr Rees has gone round the corner and is making
20 a telephone call. Again, any idea what that might have
21 been about?
22 A. No idea, sir. Possibly checking in with the ops room.
23 It would be on the phone records.
24 Q. Unfortunately Mr Rees' phone records have not been
25 located. We will come to yours in a little while.
66
1 We saw Henri Paul come back. He was talking to you;
2 he was obviously pointing in various directions. He
3 came quite close to you, it would appear. Can you
4 remember what that was all about?
5 A. I don't recall, sir, no.
6 Q. Could we next go to 23.42.10, please? This follows you
7 and Trevor talking together in the corridor up there,
8 and then we will see you going downstairs, if we have
9 the right bit.
10 (CCTV footage shown)
11 We have seen the shots of your coming downstairs,
12 joining various of the Ritz employees, going outside the
13 hotel and in a moment or two you come back. We don't
14 need to look at that. Does that jog your memory as to
15 what you were doing at that stage?
16 A. I believe we had gone down there to again check out the
17 front of the hotel and see what the situation was with
18 the crowd outside.
19 Q. If you could pick up with me the timeline and turn to
20 page 5, Mr Wingfield. Broadly speaking we are halfway
21 down page 5 in time terms, where you have gone outside,
22 and if you carry on down the page to the entry at
23 23.44.37, do you see that?
24 A. Yes.
25 Q. By that stage, you have gone back upstairs, and you and
67
1 Trevor Rees and M Rocher walk to the back of the hotel,
2 in other words -- again the jury have seen this -- what
3 you appear to be doing is a recce of the journey by foot
4 that Dodi and the Princess were going to make to the
5 back of the hotel and look around at the back of the
6 hotel. Do you remember doing that?
7 A. I remember it through the DVD evidence that I saw last
8 night, yes.
9 Q. But otherwise --
10 A. No.
11 Q. -- it had gone from your memory, had it? Would you
12 agree that it must mean that by 23.44, if you were doing
13 that recce, that those of you doing it were fully aware
14 of what was planned for later?
15 A. That's correct, yes.
16 Q. We have looked at the footage which shows Henri Paul
17 talking to you twice at some length and coming on
18 a third occasion, but not, it would appear, talking to
19 you. Does that footage help you locate when it was he
20 spoke to you about the plan?
21 A. Because the situation was very similar in as much as we
22 were both -- at both times he came to talk to us we were
23 in the foyer, I can't pinpoint in my mind which time he
24 was giving us the information. I would like to be able
25 to say to you it's this time or that time, but I want to
68
1 be absolutely truthful and accurate in the evidence
2 I give to you, and because of that, I am not going to
3 pick a time.
4 Q. Moving forward, if we turn the page, please, to page 6,
5 the fifth entry, 23.50.10, shows you and Mr Rees,
6 followed by Henri Paul, going back up outside the
7 Imperial Suite. Then you will see some descriptions of
8 what the footage shows.
9 A. Yes.
10 Q. What I would like to do is pick it up at pretty much
11 exactly 00.00. (Pause) I saw a smile on Mr Foley's
12 face, so I hope that indicates something is happening.
13 (CCTV footage shown)
14 We saw M Paul go downstairs, and then you and Trevor
15 got up from your seats and walked towards the door of
16 the Imperial Suite. What was happening there?
17 A. Dodi came to the door.
18 Q. What then happened as you went over to him?
19 A. That's when we remonstrated with Dodi about the
20 instructions for the evening.
21 Q. Just two or three questions about that. Are you clear
22 in your mind that it was Dodi at the door?
23 A. Yes, sir.
24 Q. Much earlier in the sequence, the bit we looked at with
25 Mr Rees but I will not show you, there was a suggestion
69
1 that the door may have been opened but neither you nor
2 he got to your feet, and he said that had Dodi opened
3 the door, you would undoubtedly have got to your feet.
4 A. That's correct, sir, yes.
5 Q. So that earlier indication couldn't have been when Dodi
6 spoke to you?
7 A. No.
8 Q. Now, the time of that conversation, as we can see from
9 the footage, is 28 seconds.
10 A. Sir.
11 Q. Now, the account that you gave to the French police that
12 we read 10 or 15 minutes ago might be thought to have
13 contained rather a lot of information to convey back and
14 forth in as little as 28 seconds.
15 A. Yes. The bare bones of the conversation that we had
16 with Dodi -- perhaps I fleshed them out with information
17 for the French Inquiry in as much as made a couple of
18 assumptions, but that's the -- when we got up there,
19 when we were on the DVD, that's when we were talking to
20 Dodi about the plan. That's when we remonstrated and we
21 said that there is no way that it is going to go without
22 any other security.
23 Q. Now, you know that it's 28 seconds, that conversation,
24 at most, is that much less than you had remembered or --
25 A. No, because we also spoke to Dodi a second time when
70
1 Dodi and the Princess came out of the -- into the foyer.
2 Q. We will have a look at that in a moment. Your evidence
3 is, is it, that during that 28 seconds, discussion of
4 the plan occurred between Dodi on the one hand and you
5 and Trevor on the other?
6 A. That's correct, yes, sir.
7 Q. And the nature of the discussion is as you explained to
8 the French police?
9 A. Yes, sir.
10 Q. That's your evidence, is it?
11 A. Yes, sir.
12 Q. Right. Can we move forward, please, to 00.05.30 or
13 a second or two before?
14 (CCTV footage shown)
15 So at this stage you are upstairs, Trevor has come
16 downstairs, but in a moment we should cut back to the
17 Imperial Suite foyer.
18 Now, if we pause it there, we saw the shot of Dodi
19 coming out of the suite and your being there.
20 A. Yes.
21 Q. We have now seen you leaving the foyer, and the time
22 that elapsed, as we can see from the timeline, is about
23 45 or 47 seconds. Do you remember what you were talking
24 about during that period?
25 A. Yes. I was asking Dodi and the Princess to confirm the
71
1 destination that they intended, and they informed me
2 that it was the -- back to the apartments, because
3 Trevor and I had spoken about it, and our concern was,
4 because again we were going to be split up, if they went
5 somewhere else, you know, it would be -- it would be
6 improper for them to be not properly covered. That's
7 what I was just clarifying with the Princess and Dodi,
8 where they intended to go.
9 Q. Now, the Princess and Dodi went to the rear of the hotel
10 with Trevor Rees and others. You, of course, went to
11 the front of the hotel.
12 A. Yes, sir.
13 Q. Perhaps without looking at the footage, unless anyone
14 wishes me to show it, we can pick up one or two of the
15 principal features of that.
16 On page 7 -- that's where I am now -- halfway down
17 we see an entry that you and M Rocher leave the hotel.
18 That's shown again. You meet Philippe Dourneau and
19 Francois Musa -- they are the two drivers -- outside the
20 hotel. You are with them for a little while. We see,
21 further down that same page, the entry at 00.08.31, and
22 then, at 00.09.13, we see shots back inside, in the
23 peristyle, where you are there with various Ritz
24 employees and someone goes to the key cabinet. Do you
25 actually remember that at all?
72
1 A. I don't remember any of that, no, sir.
2 Q. But you have seen it on the --
3 A. I have seen it last night on the DVD.
4 Q. At the top of the next page, there is a reference to
5 a phone call. Pick it up at 00.13.13:
6 "Wingfield returns from the area of the telephone.
7 Wingfield makes a sign with his hand to Rocher and
8 Tendil who are standing near the staircase."
9 This was a phone call apparently on a Ritz phone?
10 A. I believe it was a call that I took from Trevor, who was
11 at the back of the hotel.
12 Q. I see. Then if we follow down without, I think, taking
13 it in any detail, we see that you go out to the vehicles
14 and that, in due course, those vehicles move off.
15 A. Yes, sir.
16 Q. Can I take you briefly to the events after that? You
17 went to the flat directly, I think.
18 A. Yes, sir.
19 Q. And the other car didn't arrive?
20 A. No.
21 Q. Indeed, you were probably expecting it to be there
22 already, weren't you?
23 A. My instructions were to wait for five minutes after the
24 rear vehicle had moved, and because I saw the amount of
25 traffic that was out in the front that night, I cut that
73
1 to about two minutes. I jumped in the vehicle with the
2 driver, Dourneau, and we proceeded to -- back to the
3 apartments. After we had been moving only a few
4 seconds, we came into heavy traffic because it was, you
5 know, Paris on an August evening.
6 Q. Did you go up the Champs-Elysees then?
7 A. All I said to him was, "Just get us back there as
8 quickly as you possibly can". We immediately went into
9 heavy traffic. I tried calling Trevor and I also paged
10 him to inform him that there was going to be a lot of
11 traffic and maybe try and -- you know, that I was going
12 to be there as quickly as I could be, and I didn't
13 receive any replies. So I then phoned Gerard, who was
14 on duty at the apartments, to tell him that the
15 principals' vehicle was towards him, expected very
16 shortly, and we are going to be, you know -- to make
17 sure there was a presence out the front with a parking
18 space for them. I said, you know, "Just give us a call
19 as soon as they are there", and then we preceded back on
20 towards the apartments.
21 Q. In due course -- we don't perhaps need to traverse the
22 detail -- messages started arriving that the other car
23 had been involved in a crash?
24 A. Not initially. We were surprised to get back before the
25 principals' vehicle, and at first we assumed they had
74
1 been caught up in the traffic that night. We did notice
2 that there were a number of blue flashing lights and
3 emergency vehicles moving and the driver suggested to me
4 that maybe there has been a crash and that's why the
5 traffic build-up is so bad. Again, at that time, I was
6 in the foyer of the apartments and I was using the
7 phones that were available to me there. I was calling
8 Trevor both on his pager and on his phone, but
9 I couldn't get any reply, and that's when
10 Philippe Dourneau came in and excitedly told me that
11 there had been a crash and it involved the principals'
12 car.
13 Q. In due course, you learned that Dodi had been killed in
14 the crash.
15 A. Yes, sir.
16 Q. News of the Princess's condition came in later and that
17 also of Trevor?
18 A. As soon as Philippe had informed me that there was
19 a crash involving the principals' car, I asked him to
20 get back there as quickly as he could and find out any
21 information he could and relay it back to me so that
22 I could inform the ops room in London.
23 Q. And you did in fact inform the ops room?
24 A. Yes, sir.
25 Q. Now, I would just like to ask you some questions about
75
1 the degree of communication between you and Trevor and
2 the ops room.
3 A. Sir.
4 Q. Am I right in thinking that you had some problems with
5 your mobile phone whilst on the Jonikal?
6 A. My mobile phone was not going too well whilst we were on
7 the Jonikal. However, Trevor's seemed to be operating
8 better than mine, so the majority of the calls that were
9 made back to Park Lane were made on Trevor's phone.
10 Q. From the Jonikal or also from Paris?
11 A. On the Jonikal.
12 Q. Was your phone working okay in Paris?
13 A. Yes, sir.
14 Q. Did you from, time to time, phone the ops room?
15 A. I believe so, sir.
16 Q. You can't obviously say whether Trevor did as well, or
17 can you?
18 A. No, but if a phone call needed to be made, bearing in
19 mind that throughout the course of a working day in the
20 job you do make dozens of phone calls, you are
21 constantly asking your partner if he has informed ops,
22 and if one doesn't do it, the other one will. But as
23 I said, the phone records will confirm any calls we
24 made.
25 Q. You have already told us that the log at Park Lane
76
1 really ought to record every call in from a bodyguard
2 in --
3 A. It will do, sir, yeah.
4 Q. Perhaps first we could look at your phone records,
5 Mr Wingfield. These have been kindly provided by
6 Mr Al Fayed or one of his companies. Could I have the
7 first page of them? If I show you which ones they are,
8 then you have the INQ number. It is [INQ0060588],
9 I think.
10 Can members of the jury see that? Do you have that
11 on your screens?
12 Mr Foley has very quickly been blanking out the
13 numbers. That's something I am afraid I should have
14 thought about in advance and didn't. I am sorry.
15 The first call we see on 27th August, which is when
16 we pick up these records, is 46 office. Now, you have
17 told us about that. That's essentially Mr Al Fayed's
18 office in Park Lane, his administrative office?
19 A. Yes, sir.
20 Q. Then we see the next entry is for the ops room at
21 Park Lane.
22 A. Yes, sir.
23 Q. Just looking down the list, there are a few numbers that
24 don't have a description next to them. There is no need
25 to go into whose those numbers are, but we see you
77
1 phoned your father once --
2 A. Yes, sir.
3 Q. -- on the 27th; on the 28th, the office; the ops room
4 Park Lane four times; Oxted. So that's Mr Al Fayed's
5 residence in Surrey, presumably.
6 A. Yes, sir.
7 Q. If we run down the list some more, two more calls on the
8 28th to the office towards the evening and a couple more
9 to the ops room.
10 A. Yes, sir.
11 Q. Then the 29th, we have a call at 21.08 to the ops room.
12 Then if we go onto the next page [INQ0060589] -- if you can work your
13 magic quickly, thank you -- we go straight to the 30th,
14 picking up the time at 18.59. I will ask you about the
15 time in a moment, but we see three calls from you to the
16 ops room during the course of that evening.
17 A. Yes, sir.
18 Q. Could we just have a look at the summary of the log
19 which is [INQ0005674]? This is a transcription of the
20 handwritten entries in the log, again provided by
21 Mr Al Fayed.
22 The times that we see on this list are London times.
23 This is 60 Park Lane; are you with me?
24 A. Yes, sir.
25 Q. But the times on the phone list --
78
1 A. Local times.
2 Q. -- may be local, may not be. We are not sure at this
3 stage. If we look at 28th August, for example, on the
4 log there, there is no record at all of a call from you.
5 Do you see that?
6 A. Yes, sir.
7 Q. We have just looked at your phone records and there were
8 five calls.
9 A. Yes, sir.
10 Q. Those should have been recorded, should they?
11 A. Normally they would have been recorded on the log, yes,
12 sir.
13 Q. I should say that I am not suggesting anything sinister.
14 A. Yes, sir.
15 Q. Lest there be any doubt.
16 Then, on the 29th, there are no records of the
17 calls, and there were two that we looked at on your
18 phone records.
19 A. Yes, sir, but also if you had Trevor's phone records,
20 you would see that to correspond to any movement, if
21 I had not made the call, Trevor would have made the
22 call.
23 Q. Yes, as I say, we don't have Trevor's phone records.
24 Then, on the 30th, we see a number of entries. The
25 three calls that you made don't appear to be there,
79
1 apart from the last which -- do you remember whether
2 that was from your mobile or whether you called from the
3 Rue Arsene Houssaye landline?
4 A. Which one are you talking about, sir?
5 Q. The 23.45 call, "Kes telephones regarding possible RTA".
6 It is just that it doesn't appear to be on your mobile
7 list.
8 A. That was from the foyer phone in the apartments.
9 Q. Yes, I see. Moving on quickly to events that followed,
10 it's right, I think, that you went away on leave fairly
11 shortly after these events and you went to Ireland.
12 A. Yes, sir.
13 Q. You gave a couple of interviews, which you were asked to
14 do by Mr Handley-Greaves and I think Mr Macnamara was
15 there with you.
16 A. Yes, sir.
17 Q. And you had no problem about doing those at all?
18 A. No.
19 Q. Were you then transferred to Mr Al Fayed's Scottish
20 property?
21 A. Yes, sir.
22 Q. And you worked up there for some months --
23 A. Yes, sir.
24 Q. -- following these events?
25 A. Yes, sir.
80
1 Q. Did a time come in March 1998 when you learned that "the
2 boss", as you, I think, called him, wished to see you?
3 A. Yes, I was on the estate at the Oykel, and I got a call
4 from -- I believe it was Tam Coyle, who was one of the
5 estate managers up there. He said if I would get myself
6 down to Balnagown Castle, MF wanted to see me
7 personally.
8 Q. Balnagown Castle is his home in Scotland?
9 A. One of his estates.
10 Q. What did he want to see you about?
11 A. I had had a prior sort of heads-up from
12 Paul Handley-Greaves that the boss wanted me to go on
13 a programme that was going to be produced by a gentleman
14 for the boss, and at that time I was trying to move on
15 with my life and not sort of keep harping back to this
16 accident, so I told Paul Handley-Greaves that I wasn't
17 willing to do it. He put pressure on me a couple of
18 times by saying, "Come on, Kes, you have done it before,
19 there is no harm", and I said, "Look, I just don't want
20 to do it anymore, Paul", and that's when Tam Coyle had
21 said, "Come and see the boss, the boss wants to chat to
22 you about that", and that's what happened.
23 Q. What was the nature of the chat, as you describe it,
24 that you had?
25 A. I had to go and see Mr Fayed in his tent on the lawn at
81
1 Balnagown Castle and he wanted me to take part in
2 a programme that had -- that was going to be made about
3 the crash.
4 Q. What was the nature of the programme?
5 A. I believe it was at a time when the conspiracy theories
6 were starting to evolve, and because of that, I believed
7 that if I had any connection with a programme like that,
8 I would be seen to be supporting a conspiracy theory,
9 which I thought -- you know, I had no doubt in my mind
10 that it was a tragic accident and so I refused to take
11 part in the programme.
12 Q. Was Mr Al Fayed happy to be told that you weren't going
13 to take part?
14 A. No, sir, he wasn't best pleased at all.
15 Q. How did that demonstrate itself?
16 A. He started ranting at me. He was saying that this is --
17 he was incoherent a lot of the time. He was talking
18 about Prince Philip and he was also talking about the
19 British Government. He was swearing a lot. He was
20 saying, "If you are loyal to me and you work for me ..."
21 He asked me, "Who do you work for? You work for me".
22 I said "Of course, sir". He said, "Are you loyal to
23 me?" I said "Of course, sir". He said, "Well, you will
24 do this programme for me then; you will help me, you
25 will do this programme". Then he would go off on
82
1 a tangent ranting again about Prince Philip and about
2 the Royal Family and about the British Government.
3 I was in a situation where -- when somebody's in such
4 an emotive state, there is really nothing I could say
5 that would calm him down.
6 Q. Was he very upset?
7 A. He was very upset, and I assured Mr Fayed that I was
8 a loyal worker and would always, you know, do my best
9 for him, however I wasn't prepared to take part in
10 something that I didn't believe in. Again he sort of
11 starting ranting at me, and to calm the situation down
12 what I said to Mr Fayed is, "Well, look, I am due on
13 leave anyway. I will go on leave, I will have a think
14 about it and I will get back to you".
15 Q. You got back to him and said?
16 A. Well, I went home on leave, I considered my position and
17 I thought, you know, I can't continue like this.
18 I believe that if I was -- had stayed in the
19 organisation, I would have continually been asked to do
20 things which were going to support the conspiracy
21 theories and so I resigned.
22 Q. Just to take you very quickly through this, you resigned
23 and in due course there was a financial settlement?
24 A. Yes, sir.
25 Q. I do not need to deal with that. It's right, isn't it,
83
1 that you are not suggesting that Mr Al Fayed was
2 encouraging you to tell anything other than the truth as
3 you saw it?
4 A. We had a difference of opinion, sir, and I think we
5 could leave it at that.
6 Q. Yes. Now, last, if I may, to give you an opportunity to
7 comment on something the jury have already seen --
8 A. Yes, sir.
9 Q. -- in a letter dated 9th February 2006 to Lord Stevens,
10 who was conducting the investigation by the
11 Metropolitan Police --
12 A. Yes, sir.
13 Q. -- Mr Al Fayed described your behaviour as a "betrayal
14 of trust", and went on:
15 "It is a fact that these men ...", and he includes
16 you within the list.
17 A. Yes, si