30 October 2007 - Afternoon session
4 LORD JUSTICE SCOTT BAKER: Thank you very much. Then we can
5 continue.
6 MR CROXFORD: Mr Darmon, I now want to ask you about
7 the next part of the evening.
8 You were standing outside the Ritz when word came
9 through to you from Mr Rat, did it not, that the
10 Princess and Mr Al Fayed had just left the Ritz via
11 the back of the building?
12 A. Yes.
13 Q. And that Mr Ker, or Mr Odekerken as we know him, was
14 already in pursuit in his own 4x4 Nissan Pajero;
15 correct?
16 A. I do not know. Certainly yes.
17 Q. In any event, your paparazzo, Mr Rat, wanted you to
18 hurry up, saddle up and get going?
19 A. Yes, he told me that we had to follow the direction of
20 la Concorde.
21 Q. In Place de la Concorde you caught up with the Mercedes,
22 did you not?
23 A. Yes, we caught it up among other vehicles.
24 Q. Could you look please at the street map, which is page 9
25 [INQ-JB1-0000009] in the large bundle you have in front
71
1 of you, or it may be shown on the screen.
2 A. We have it.
3 Q. You can see it marked in red, the route taken from back
4 of the Ritz by the Mercedes, Mr Darmon. Do you see
5 that?
6 A. Yes, certainly. It seems to be that, because I found
7 the Mercedes back in Place de la Concorde only.
8 Q. Now you started off not at the back of the Ritz but at
9 the front of the Ritz in Place Vendome, didn't you?
10 A. Yes.
11 Q. Which way did you go down? Did you go straight down
12 from Place Vendome to the Rue de Rivoli?
13 A. Yes.
14 Q. We can see from the plan that in order for you to get
15 into Place de la Concorde, you had rather further to go
16 than the Mercedes, didn't you?
17 A. I think yes. According to the map, yes.
18 Q. Try to remember this, will you? When you were chasing
19 the Mercedes that had already gone, were you fortunate
20 enough to have all the road signals in your favour on
21 your route or did you just ignore them?
22 A. I do not remember, but I did not ignore them. We left
23 at the very same time as they did because he was in
24 contact with somebody who told him they had just left,
25 so we started immediately.
72
1 Q. So you started at the very same time, you caught them up
2 and, by a process of deduction, it sounds as if you
3 travelled rather faster than they did.
4 A. Not really because when I caught them up, they were
5 stopped in a flow of vehicles, they were stopped at
6 the traffic lights and they could not move. Having
7 a motorbike and being a motorbike driver, I could go
8 through the cars.
9 Q. When you caught them up in Place de la Concorde, I am
10 not going to ask you about the detail of it, but you
11 were aware of some photographs being taken of
12 the occupants of the Mercedes, were you not?
13 A. What photographs are you talking about?
14 Q. While the car was stopped there, the paparazzi who were
15 by now gathering were taking photographs, weren't they?
16 A. I did not see any paparazzi or any pictures being taken
17 around the car at that very time.
18 Q. You did see paparazzi, though, didn't you? You saw
19 Mr Ker's Pajero; you saw some paparazzi on motorcycles.
20 A. Well, when I caught them up, I did not focus on this
21 4x4. I thought afterwards that I could have seen such
22 a car, but I was not focusing on this specific car at
23 that time.
24 Q. Do you have your deposition made on 16th October?
25 A. It is the one to Judge Stephan?
73
1 Q. Yes. Go to the sixth page [INQ0000668 - read out in court] please. Do you
2 see at the first new paragraph "When we got to
3 the Crillon ..."? Do you see that, Madame Interpreter?
4 THE INTERPRETER: Yes.
5 MR CROXFORD: I would like to ask about this sentence. You
6 got into Place de la Concorde and it was this, was it
7 not:
8 "The Mercedes was roughly 50 metres away from me at
9 the start of the bend towards the quais and there were
10 now only about three cars between it and myself,
11 including Ker's 4x4 [that is the Pajero], I think.
12 I think the black 205 was there, but I'm not sure."
13 That would be Mr Chassery, wouldn't it?
14 A. At that time I wrote already, I am not sure.
15 Q. At that time, sir, what was happening in the Place de
16 la Concorde was that the pack of paparazzi was
17 reforming, was it not, to chase the Princess?
18 A. Maybe, maybe. Certainly there were cars around or bikes
19 around the Mercedes, but there was nobody taking
20 pictures.
21 Q. Now, let me ask you about something slightly different.
22 Do you have there, please, the deposition that you made
23 at 20 past 11 on the morning of Sunday 31st August to
24 a police captain in the judicial police?
25 It is number 2, sir.
74
1 Would you go to the second page [INQ0000657 - read out in court] please?
2 THE INTERPRETER: We are looking for it. What page, sorry?
3 MR CROXFORD: Second, please.
4 Towards the foot of that page, Madame Interpreter,
5 can you point out a paragraph beginning, "Romuald vers
6 00.30 environ a recu un coup ..."
7 THE INTERPRETER: Okay.
8 MR CROXFORD: I want to ask you, Mr Darmon, this: this was
9 your understanding and account given that morning, was
10 it, that "... a third car had just left with the
11 Princess and her boyfriend in it. He was told [that is
12 Mr Rat] it was a big Mercedes (a 600SL I think)
13 identical to the one that had been used up to then".
14 Is that right?
15 A. Yes, no problem.
16 Q. Then, in the next paragraph, you talk about that car
17 leaving you behind in a few seconds. Do you see?
18 "In answer to your question, it left us all behind
19 in a few seconds."
20 Madame Interpreter, can you see that?
21 THE INTERPRETER: Yes.
22 MR CROXFORD: Then you continued with this explanation,
23 didn't you?
24 "To give you some idea, I was coming out of the
25 Place de la Concorde turn with the others and we lost
75
1 sight of it. The stretch of straight road is long,
2 it was about 300 or 400 metres ahead of us in a few
3 seconds."
4 Do you see that?
5 A. Yes.
6 Q. It was 300 or 400 metres ahead of you in what, two or
7 three or four or five seconds, Mr Darmon?
8 A. Maybe more. I cannot say accurately, but it was really
9 quick.
10 Q. Because you were moving at this time anyway, weren't
11 you, on your motorbike?
12 A. Yes, but I was behind.
13 Q. Just before that part of your statement on the Sunday,
14 did you say this, "Even I, as a motorcyclist, was very
15 impressed by the Mercedes' acceleration"?
16 A. Yes.
17 Q. Yesterday you told the jury here that it "took off like
18 a plane"; is that right?
19 A. Yes, it may be a certain image.
20 Q. You see, at the time you were giving this description to
21 the police, you evidently thought that this was
22 a Mercedes 600, didn't you?
23 THE INTERPRETER: Sorry, could you repeat?
24 MR CROXFORD: At the time you gave this description to the
25 police, you thought that the Mercedes was
76
1 a Mercedes 600, didn't you?
2 A. I do not know because I am not an expert in Mercedes
3 cars. It was a very large car, such as the Mercedes 500
4 or 600, but I do not really know.
5 Q. Earlier on you said a big Mercedes; a 600 SL I think is
6 what you were told -- 6 litre, a 600,000 CC V12 is what
7 you thought the car was. Is that right?
8 A. I really don't know. I am not an expert in cars.
9 Q. You see, you know now that it was a Mercedes 280, don't
10 you?
11 A. No, not particularly. I wrote 600 because maybe Mr Rat
12 told me it was a 600 SL, but I did not focus on the
13 engine or the cylinders of the car.
14 Q. It is a car that has been described in these proceedings
15 as being underpowered, Mr Darmon. It certainly did not
16 have great acceleration, did it?
17 A. What car are you speaking about?
18 Q. The car that you followed out of Place de la Concorde,
19 the Mercedes.
20 A. What I can tell you is what I noticed at that time and
21 what I saw. What I saw was a car which took off very
22 quickly, very rapidly. I am just focusing on the facts.
23 Q. Could you look, please, at the deposition you made on
24 16th October to Judge Stephan again? This time, go to
25 page 6 [INQ0000668 - read out in court], in that same paragraph at the top
77
1 of the page, "When we got to the Crillon ..."
2 A. Yes.
3 Q. Two-thirds of the way down:
4 "As soon as the Mercedes saw a gap in the first row
5 of cars ..."
6 Can you find that, Madame Interpreter?
7 THE INTERPRETER: Yes.
8 MR CROXFORD: Make sure I have this right in English please:
9 "As soon as the Mercedes saw a gap in the first row
10 of cars, it went for the gap and then pulled away very
11 quickly towards the quais."
12 Correct?
13 A. Correct.
14 Q. "I overtook a few rows of cars."
15 Then this, Mr Darmon:
16 "I was going fairly slowly at first, as Romuald was
17 putting his mobile away and putting his helmet back on."
18 When had he taken his helmet off?
19 A. It is ten years ago, and if I remember well, it could be
20 that he did not put his helmet on from the very start
21 and he put his helmet on now, but I do not remember. As
22 he is standing behind me, I cannot see everything.
23 Q. So he was happy for you to chase the Mercedes away from
24 Place Vendome without his helmet? He did not bother to
25 put it on when you were stationary behind the Mercedes
78
1 and he only first tried to put it on as you pulled away.
2 Is that it?
3 A. I do not remember, but it seems that he could not have
4 his helmet on when he was giving a phone call or
5 receiving a phone call, so when you are using a mobile,
6 but when we went onto the expressway, he put his helmet
7 on again.
8 Q. Or could it be that when you made this deposition some
9 six weeks after the accident, by now you knew you were
10 dealing with a Mercedes 280 and not a powerful six-litre
11 car?
12 A. I do not know. I do not feel any interest in such
13 a question. What I said is what Rat told me. What does
14 it change, this model of car? What does it change if
15 it is a 280 rather than a 600?
16 Q. Well, Mr Darmon, you now had to find an excuse why your
17 motorcycle, a 650 CC Honda, could not keep up with this
18 280 Mercedes, didn't you?
19 A. The type and model of the Mercedes, a 280 or a 600, it
20 started very quickly, very rapidly, and my motorbike is
21 not a very powerful one and I was heavily loaded because
22 Mr Rat is quite heavyweight and I have a lot of things
23 on my motorbike and, anyway, I am not somebody having
24 violent driving.
25 Q. Your motorbike, 650 CC, has a top speed of about
79
1 175 kilometres per hour, correct?
2 A. I do not know. I never pushed it like that. You should
3 see what the manufacturer says about his motorbike.
4 Q. Yes. That is a manufacturer's figure; 174 kilometres
5 per hour according to the French authorities. Does that
6 sound right?
7 A. That is totally stupid.
8 Q. Well can you tell me please, is this totally stupid --
9 THE INTERPRETER: There is a problem there regarding
10 the translation. You spoke about the French authorities
11 stating that it was 174?
12 MR CROXFORD: Yes. Do you disagree with 174 km per hour as
13 the claimed top speed for your bike?
14 A. Maybe. Maybe.
15 Q. Now you see, I would just like you to listen to this,
16 Mr Darmon. I want to give you an opportunity to
17 disagree if you want to disagree.
18 In October 1997, the Institute of Criminological
19 Research for the National Gendarmerie in France --
20 LORD JUSTICE SCOTT BAKER: Mr Croxford, I think you have
21 made your point. Do you think we can move on? We are
22 spending an awful lot of time on a point which I think
23 is now abundantly clear to everybody.
24 MR CROXFORD: Well, sir, can I just enquire -- please don't
25 think me rude -- do you have the results of the research
80
1 in mind?
2 LORD JUSTICE SCOTT BAKER: I do not have them specifically
3 in mind, but I am quite certain that they can be
4 produced and agreed.
5 MR CROXFORD: I am not going to dispute them. I want to
6 give the witness the opportunity -- it is a point which,
7 with respect, I would very much like to take a minute to
8 deal with.
9 LORD JUSTICE SCOTT BAKER: Well, I remind you again that
10 this is an inquisition and it is not anybody on trial.
11 MR CROXFORD: I understand that, sir. This witness --
12 LORD JUSTICE SCOTT BAKER: I think it is very important that
13 this point is appreciated, particularly by those who are
14 witnesses giving evidence in France.
15 MR CROXFORD: Quite.
16 LORD JUSTICE SCOTT BAKER: I make that point for a reason
17 which I dare say you will appreciate.
18 MR CROXFORD: I quite understand that, sir. The witness
19 having given evidence that he lost touch, to use
20 a neutral expression, with the Mercedes, since there is
21 scientific evidence available which touches upon that
22 which you have produced to us, I would just like to give
23 the witness the opportunity of commenting and explaining
24 how it is that he lost touch in the light of what
25 I understand will be the evidence that you will adduce
81
1 soon.
2 LORD JUSTICE SCOTT BAKER: Well, let's get on, anyway.
3 MR CROXFORD: I will certainly do that.
4 Mr Darmon, the French authorities got hold of a bike
5 like yours and discovered that from a standing start
6 with a passenger, it took something like 7.4 seconds to
7 travel 100 metres and reach the speed of 93 kilometres
8 per hour. That would not surprise you, would it?
9 A. Yes, maybe.
10 Q. But in December of 1998, the French authorities, having
11 made enquiries of the manufacturer, Mercedes, seem to
12 have concluded that a 2.8/280 Mercedes, from a standing
13 start with four people aboard, would take some
14 7.8 seconds to travel 100 metres and reach a speed of
15 only 80 kilometres per hour. Does that surprise you?
16 A. No, I am not an expert of that. I do not know what to
17 tell you.
18 Q. Well, on the face of it, your motorbike was rather
19 quicker than the Mercedes. Did you have to slow down to
20 make sure you did not over-run it?
21 A. I drove normally. I do not know what to add to all of
22 that. I drove normally. He started and I could not
23 follow. That is all.
24 MR CROXFORD: I will move on, sir. I know we are coming
25 back to the rest of that material.
82
1 Now, do you still have that same page [INQ0000668 - read out in court]
2 open of that deposition on 16th October please?
3 A. Yes.
4 Q. The second, the long paragraph, I would like to go down
5 nine lines from the bottom:
6 "I was joined by a group of photographers ..."
7 THE INTERPRETER: Yes, okay.
8 MR CROXFORD: "I was joined by a group of photographers who
9 I saw in my rearview mirror and by some passers-by ..."
10 That expression "group of photographers" was not
11 accidental, was it, Mr Darmon?
12 A. I claimed there what I wanted to mean with my
13 explanations. I was already in the tunnel, I let Mr Rat
14 get out of the bike and it is when I went back after
15 parking my bike that I saw this group of photographers
16 coming after me.
17 Q. You were asked this morning by Mr Mansfield about some
18 words in the second of your statements; that one at
19 11.20 in the morning. Page 3 [INQ0000658 - read out in court] please, third
20 paragraph. Describing your journey towards the
21 Alma Tunnel along the expressway, getting to the top of
22 the slope by the tunnel, third paragraph:
23 "I was going at about 60 kilometres per hour at the
24 top of the slope down into the underpass. The whole
25 group was there."
83
1 Do you have that?
2 A. I have been asked already about that and I said it is
3 a combination of things that I said to the policeman,
4 and I said just after this sentence that I was the first
5 one there.
6 Q. Yes, but I just want to ask you this: the use of the
7 word "group" was not accidental, was it? That is just
8 what it was, a group of you together?
9 LORD JUSTICE SCOTT BAKER: Mr Croxford, we have the words.
10 They speak for themselves in the statement.
11 I understood the position to be that there was going to
12 be a measure of agreement about the distribution of work
13 for cross-examination. We simply cannot go over
14 the same questions and the same answers time after time.
15 We have constraints generally with regard to this
16 inquest; that is time constraints. We have also
17 constraints this afternoon because there is a limit to
18 how late the jury can sit and there is a limit to how
19 late we can keep the witness. If all the territory is
20 going to be covered that everybody wants to cover, some
21 measure of restraint is going to have to be exercised by
22 everybody individually.
23 MR CROXFORD: Yes. I will move on.
24 Now, there came a time, did there not, after you had
25 gone into the tunnel when you decided eventually that
84
1 you were going to leave the tunnel?
2 A. Yes, of course.
3 Q. What you did was that you drove out of the tunnel and,
4 is this right, on the upslope you paused for a moment or
5 two but did not stop there?
6 A. So I first let Mr Rat go out of my bike. Then
7 I looked -- I mean I stopped a little bit to see if the
8 emergency services were called and if assistance was
9 given. When I saw that it was the case, then I went
10 with my bike to go out of the tunnel to park my bike.
11 Then I came back in the tunnel. I saw all these
12 photographers and all the flashes and so I decided to go
13 out once again.
14 Q. And you parked your bike, please -- can you look in that
15 bundle of plans again, please, page 14
16 [INQ-JB1-0000014]? You parked your bike away from
17 the tunnel, didn't you, in one of those side roads, very
18 possibly Rue Debrousse which we can see down in
19 the bottom left-hand corner?
20 A. Rue des Freres-Perier, by block number 2.
21 Q. At some stage, you say Mr Odekerken arrived. Is that
22 right?
23 A. Who is Mr Odekerken?
24 Q. Mr Ker, the driver of the Pajero.
25 A. I saw Mr Ker for the first time when he was behind and
85
1 when he has his mobile in his hand, with his hand being
2 raised saying that he has called for the emergency
3 services.
4 Q. If you look, please, at your third statement at 12.35 on
5 1st September, second page [INQ0000660 - read out in court], you describe
6 there the four-wheel drive. That is the Pajero, isn't
7 it?
8 A. Certainly, yes.
9 Q. And Mr Ker parked his car somewhere near your motorbike
10 off in that side-street, did he not?
11 A. I do not remember any longer. I do not know.
12 Q. Very well. You said in respect of Mr Ker, when giving
13 evidence yesterday, that when he arrived, he threw his
14 camera into his car and left. Do you remember that?
15 A. Certainly, and he was the one being upset about
16 the event.
17 Q. And saying that it was totally irresponsible about
18 the paparazzi; it was something they should not do?
19 A. I totally confirm.
20 Q. If that is Mr Odekerken, can you look please in
21 the bundle of paparazzi photographs at page 108? These
22 are photographs taken by Mr Odekerken, Mr Darmon. It
23 appears that by the time he went down and took these,
24 the emergency services were indeed in attendance. Can
25 you see that? Look at 109 and 110.
86
1 A. Is Mr David Odekerken the same person as Mr David Ker?
2 Q. We understand him to be such.
3 A. I did not know his name was "Odekerken". I thought his
4 name was "Ker".
5 Q. It does not look as if he threw his camera in the back
6 of his car and left, does it?
7 A. I do not remember now, but if I did put it like that at
8 that time in front of the judge, it is certainly
9 the case.
10 Q. Just two more short things please. Can you go to
11 the last page [INQ0000672 - read out in court] of your 16th October
12 deposition?
13 A. I do not see any interest in defending Mr Ker.
14 Q. In the first answer to the question, "Reply to question"
15 there, do you see reference to an individual with long
16 hair and glasses driving a white Super 5?
17 A. Yes.
18 Q. Mr Foley is going to bring up on the screen
19 [INQ-JB4-0000008]. Now, we know this man as
20 Mr Dieppois, apparently the driver of a white Renault
21 Super 5. Is that the large slim individual with long
22 hair and glasses who turned up?
23 A. I forgot because it is not really clear. I did not
24 remember that Mr Benhamou and Mr Veres were working
25 together.
87
1 Q. Do you remember seeing this man turn up with his
2 Renault 5?
3 SECRETARY TO THE INQUEST: Excuse me, should we have a photo
4 on screen?
5 MR CROXFORD: Yes, you should. I am looking at Mr Foley.
6 SECRETARY TO THE INQUEST: We have it now.
7 MR CROXFORD: I am very grateful.
8 Too fast that time, sir.
9 LORD JUSTICE SCOTT BAKER: Good fault.
10 A. According to me, he was the driver.
11 Q. Of the white Renault 5 that turned up?
12 A. I think so.
13 Q. The Renault Super 5 is a small car, isn't it?
14 A. Yes.
15 Q. Much like the Citroen AX or the Fiat Uno; that sort of
16 size?
17 A. Yes, the same category of course.
18 Q. The last thing I would like to ask you please is this:
19 in the same portion of that same deposition, the very
20 last sentence, you say this:
21 "There was also a photographer who works for Sygma
22 who must have turned up at the Ritz. I cannot tell you
23 anything more about him."
24 Do you see that, the last two sentences?
25 A. Yes.
88
1 Q. Now you were a novice employee in this field. You would
2 not surely have been well aware of who worked for which
3 photo agency.
4 A. That is why I am lost because there were photographers
5 coming in, others coming out, others coming back.
6 Q. This particular one, though, you had seen him at
7 the Ritz, had you, and you saw him again at the tunnel?
8 A. I do not know who we are talking about. Maybe if you
9 could show me a picture, if I could look at a picture.
10 Q. I do not have a picture. I am working on your
11 description at the time that there was a photographer
12 who works for Sygma, you thought, who must have
13 turned up at the Ritz. Did that man turn up also at the
14 tunnel?
15 A. I do not remember.
16 MR CROXFORD: Well, I have run through my time then. I am
17 very grateful.
18 LORD JUSTICE SCOTT BAKER: Thank you very much. Mr Macleod?
19 Questions from MR MACLEOD
20 MR MACLEOD: Mr Darmon, my name is Duncan Macleod. I am
21 asking questions on behalf of the Commissioner of Police
22 for London.
23 I would like to ask you first about the
24 circumstances in which you came to be employed by
25 the Gamma photographic agency.
89
1 A. The driver who was managing this fleet of drivers, he
2 was there for 23 years and he was in charge of the
3 management of people who could replace him and that is
4 why he hired me.
5 Q. I think that was a fellow motorcyclist who also worked
6 or had worked as a motorcycle outrider for the Tour de
7 France. Is that correct?
8 A. I think so, yes. Yes, I think so.
9 Q. It was that type of work that you were interested in?
10 A. That type or anything else. I was looking for a job.
11 Q. He gave you the opportunity of an introduction to work
12 for Gamma photographers as a motorcycle accompanier of
13 photographers?
14 A. He gave me the opportunity to be able to work for
15 the agency. Then for the rest of the job, I discovered
16 it afterwards.
17 Q. At that time, you were an experienced motorcyclist.
18 A. Yes, I was a motorbike trainer so I had a good
19 experience.
20 Q. Yes. You were a qualified instructor, but you had also
21 worked as a professional driver for the Paris City
22 Transport authority; is that right?
23 A. Yes, but it was before I left Paris to go in the rest of
24 France.
25 Q. But you knew Paris very well?
90
1 A. Yes, my parents were living in Paris.
2 Q. So you were ideally qualified to be a motorcycle rider
3 for Gamma photographers?
4 A. As any biker, I think.
5 Q. On your first day with Mr Rat, you went to his house at
6 1.30. Did he there explain to you what your role was to
7 be?
8 A. He told me that he was a biker himself, but he had no
9 time to do both, so my role was to be his driver.
10 Q. You were to work as a team, is that right?
11 A. Yes, it is.
12 Q. Looking at Mr Rat and his role, his primary task was to
13 take good photographs of the celebrities that he was
14 following?
15 A. It is beyond my skills and expertise there.
16 Q. What did he tell you that he expected of you when you
17 were driving him from one location to another?
18 A. Nothing specific. He just asked me to follow
19 the Mercedes.
20 Q. Now you were with the paparazzi for almost the entire
21 day, from 1.30 until the events of the crash. Is that
22 right?
23 A. Yes, it is.
24 Q. You were able to observe at close quarters how the
25 paparazzi were operating on that day.
91
1 A. For the first time, yes.
2 Q. You were at Le Bourget first of all?
3 A. From Montreuil, we went to Le Bourget.
4 Q. You followed the celebrity couple from the airport?
5 A. Yes.
6 Q. Then you went to the Ritz where you mixed with
7 the paparazzi?
8 A. Yes, because we lost them on the motorway, so then
9 afterwards Mr Rat asked me to go to the Ritz or maybe
10 Rue Arsene Houssaye. I do not remember.
11 Q. And you were talking to the assembled paparazzi to make
12 connections --
13 A. No. I only spoke to those who were open enough to
14 accept to speak with me.
15 Q. You followed with the paparazzi to the Rue Arsene
16 Houssaye to Mr Al Fayed's flat?
17 A. Yes.
18 Q. Then back to the Ritz?
19 A. Yes.
20 Q. And then to the restaurant?
21 A. No, there was no restaurant.
22 Q. Then back to the Ritz?
23 A. That is true, that we did this back and forth. I do not
24 remember the exact sequence, but that is true. We did
25 that.
92
1 Q. You followed the Mercedes on its fateful journey when it
2 ended in a collision?
3 A. I saw that already. I caught it off Place de
4 la Concorde, I tried to follow it, but as I said
5 already, it went so quickly that I could not follow it.
6 Q. In between those trips, there were many hours of waiting
7 for opportunities to take photographs?
8 A. Who would take photographs?
9 Q. The photographic journalists, but you were waiting for
10 many hours in between each of those trips?
11 A. I think they took pictures. Sometimes they were not
12 because we had nothing to do and sometimes they did,
13 I think.
14 Q. I want to ask you about the atmosphere amongst the
15 paparazzi photographers whilst you were in their
16 presence.
17 Was there any talk about the famous photograph of
18 Mr Al Fayed and the Princess which became known as
19 "the kiss" while you were outside the Ritz or mixing
20 with the paparazzi?
21 A. No. Maybe they talked about that, but I was not
22 invited.
23 Q. Was there a sense of euphoria amongst the gathered
24 paparazzi?
25 A. I was totally external to the group, that is true.
93
1 Q. But did you not observe, from their behaviour, a sense
2 of heightened excitement amongst the photographers?
3 A. Not really. I would say not real excitement because
4 they were experienced people. They were used to that
5 type of thing and they were highly organised, according
6 to me.
7 Q. I will ask you later about the way in which the
8 paparazzi organised themselves, but from your point of
9 view, you were excited at the atmosphere that was
10 prevalent on that night, weren't you?
11 A. No. I am old enough not to be excited with that.
12 Q. You had been part of the following paparazzi when
13 the Ritz chauffeur at the Porte de Champerret carried
14 out a diversionary manoeuvre where he threw off
15 the paparazzi, weren't you?
16 A. I was there at the Porte de Champerret and I was also
17 there in the Ritz Hotel when there was a false start.
18 Q. You had seen the arguments and fighting between
19 the paparazzi and the bodyguards at the Rue Arsene
20 Houssaye?
21 A. Yes, it was Romuald Rat.
22 Q. You had heard Henri Paul and seen him outside the
23 Ritz Hotel, speaking with and taunting the paparazzi?
24 A. He was speaking of this game, he was the manager
25 regarding this false start, saying that he was winning.
94
1 Q. You had witnessed the decoy run of the Mercedes and
2 the Range Rover outside the Ritz and the panic that
3 ensued?
4 A. Yes.
5 Q. What was happening was that there was a game of cat and
6 mouse between the celebrity couple and the paparazzi
7 outside?
8 A. Totally.
9 Q. Now I want to ask you about the way in which the
10 paparazzi organised themselves. Is it right to
11 a certain extent that they were in competition, one with
12 the other, to get the best photograph?
13 A. I did not pay really attention, but it is true that
14 obviously, as they were working for different agencies,
15 they were certainly in competition, but they were
16 knowing each other very well.
17 Q. And there was a camaraderie between the paparazzi?
18 A. Yes, they were quite -- they knew each other quite well.
19 Q. And they shared information, one with the other?
20 A. Yes. They were rather groups of photographers.
21 Q. The same paparazzi were involved in travelling between
22 all the destinations from Le Bourget to the fateful
23 journey; is that not right?
24 A. From the very start, it was a small group of paparazzi
25 and then, in the course of the day, the group was bigger
95
1 and bigger.
2 Q. In circumstances that prevailed outside the Ritz Hotel
3 approaching midnight on 30th August, there was an
4 element of teamwork between the paparazzi?
5 A. I would not speak about teamwork, I do not know, but
6 it is true that there was a good atmosphere. Some of
7 them were talking with Mr Paul. There was some kind of
8 harmony between them.
9 Q. For example, when the decoy manoeuvre was carried out,
10 some paparazzi followed the Mercedes and the
11 Range Rover, didn't they?
12 A. Yes, at that time, then the group spread nearly
13 everywhere and everybody split.
14 Q. But some paparazzi remained at the front of the
15 Ritz Hotel?
16 A. Yes, such as Romuald Rat, who told me we have to stay.
17 Q. And some paparazzi stayed at the rear, in the
18 Rue Cambon?
19 A. This is what I learned afterwards.
20 Q. Because the paparazzi were in communication by mobile
21 telephone?
22 A. Some of them, yes, because there were groups. Some of
23 the groups were communicating with each other.
24 Q. So, for example, after the decoy had left, M Rat
25 received a mobile telephone call from another paparazzi
96
1 at the rear of the Ritz, warning of the real departure
2 of the celebrity?
3 A. Yes, roughly. I would not be able to give you more
4 details regarding the exact time, but it was roughly
5 like that.
6 Q. But the reality was that whether the celebrity couple
7 left by the front entrance or by the rear entrance or
8 whether there was a decoy car or not, there was, in
9 truth, no escape from the attention of the paparazzi?
10 A. If there were a lot of exits, yes, maybe, but
11 unfortunately it seems that they could not do without
12 the paparazzi. But once again, I am outside this whole
13 environment. What I know is that Mr Rat and his
14 colleagues had prepared everything and every type of
15 situation which could appear, and what I know is that
16 Mr Rat came to me and he said, "We have to go now".
17 Q. I want to move on to a different topic and go backwards
18 in time to when you went to Le Bourget Airport. Mr Rat
19 had received a tip-off by way of information, warning
20 him that the celebrity couple were due to arrive in
21 Paris that afternoon; that is right, isn't it?
22 A. Yes, yes, he got this information.
23 Q. Did you know the source of that information?
24 A. I do not remember exactly if it was one of his friends
25 over there who called him or the publisher of the
97
1 magazine.
2 LORD JUSTICE SCOTT BAKER: I think we have had the answer to
3 this already, haven't we, Mr Macleod?
4 MR MACLEOD: I just want to deal with the issue of the
5 Yamaha motorcycle at the airport and other matters, but
6 I will move as quickly as I can.
7 There was no secret about this because there were
8 several other agencies present at the airport at
9 Le Bourget, were there not?
10 A. Yes, Mr Rat was quite disappointed when he arrived in
11 Le Bourget.
12 Q. So, for example, you saw a Yamaha TDM motorcycle at
13 Le Bourget already waiting, acting on the same
14 information?
15 A. I do not know if they were there from the same source,
16 but I saw this Yamaha bike. I saw it, but I do not know
17 who was doing what.
18 Q. On that Yamaha TDM were two paparazzi from the Angeli
19 agency?
20 A. No. The official driver of the Angeli agency was riding
21 a BMW.
22 Q. Well, will you accept it from me that you told
23 Judge Stephan, in your deposition of 16th October, that
24 it was ridden by a motorcycle rider and a photographer
25 from Angeli agency?
98
1 A. Maybe. I do not know. I do not remember.
2 Q. During the course of the day when you were in the
3 company of the paparazzi, did you hear any more
4 information or tip-offs that were coming from any other
5 source as to the whereabouts or movements of the
6 celebrity couple?
7 A. No. The only thing I remember is that they were quite
8 sure that they would have a dinner out in a restaurant.
9 I do not really remember the restaurant, maybe in
10 Boulogne or somewhere else, but that was the information
11 that we had.
12 Q. Did you know then or did you subsequently find out
13 whether that type of information was leaking out from
14 chauffeurs or other staff at the Ritz Hotel?
15 A. I do not know. It is what I heard, but I do not know
16 the source of it. I do not know where it had come from.
17 Q. Because if you and Mr Rat had been given information
18 which others did not possess that gave you a photo
19 opportunity, that would be valuable information, would
20 it not?
21 A. It is not up to me to judge that. It is up to
22 Romuald Rat.
23 Q. I want to ask you about the behaviour of Henri Paul
24 outside the Ritz Hotel. You have described your
25 impression of his behaviour as "very odd". Did you
99
1 think his behaviour was appropriate or correct for
2 a person acting as head of security for the Ritz?
3 A. Once again, I am not here to judge the employers of
4 Mr Paul. What I do get now is to accept that because
5 I just noted the fact and that is all. I told
6 everything I saw just in the favour of the inquest and
7 that is why I am here today.
8 Q. The jury has seen CCTV footage from outside
9 the Ritz Hotel that shows Mr Paul leaving the Ritz on
10 five occasions between 22.34 and 23.46. That was a time
11 when you were present in the Place Vendome, was it not?
12 A. I cannot tell you the exact time because I was not
13 looking at my watch, but I saw him several times and
14 just close to me, less than 1 metre from me.
15 Q. On three occasions, Mr Paul disappears out of shot of
16 the cameras, but on two occasions he is seen talking to
17 the group of paparazzi outside the hotel.
18 A. I told that already. He went to talk with the
19 photographers he knew because photographers knew him.
20 Q. Did you know then or did you subsequently hear what he
21 was discussing with those paparazzi?
22 A. What I heard is about this game -- he was playing with
23 the photographers, this cat and mouse game. He was
24 saying, "They are going to be there", "They are not",
25 "They are going to come", "They are not", and he had
100
1 a specific laugh during all this speech.
2 Q. On a sixth occasion, at 13 minutes past midnight, the
3 same camera footage captures Mr Henri Paul waving to
4 the paparazzi, Langevin and Benhamou, at the rear of the
5 Ritz Hotel. Did you know then or did you hear since
6 anything to understand about what Mr Henri Paul might be
7 doing on that occasion?
8 A. I do not even remember that. I remember that he was
9 speaking with several groups of photographers, but I do
10 not even remember that specifically.
11 Q. Four minutes later, Henri Paul leads the celebrity
12 couple out of the rear entrance of the Ritz, where they
13 are photographed by Langevin, Benhamou, Odekerken and
14 Chassery. Do you know whether that photographic
15 opportunity that was afforded to those paparazzi was the
16 result of a tip-off?
17 A. Maybe, but I do not know. But as they did not know me
18 at that time, I was always put aside, especially when
19 it was about serious discussions, so maybe. But what
20 I know is that Mr Rat was informed by a photographer
21 being at the rear of the Ritz Hotel.
22 Q. I would like to move on to the events of the final
23 journey, Mr Darmon.
24 First of all, I would like to establish some
25 photographic evidence with you.
101
1 LORD JUSTICE SCOTT BAKER: It might be that it is convenient
2 to have our break at this point.
3 MR MACLEOD: Sir, certainly.
4 LORD JUSTICE SCOTT BAKER: We will break off now, members of
5 the jury.
6 (3.00 pm)
7 (A short break)
8 (3.15 pm)
9 (Jury present)
10 MR MACLEOD: Mr Darmon, I want to show you some photographs
11 next to see if we can identify you in some of the
12 photographs that were taken after the crash.
13 Now, the first photograph I want you to look at and
14 to be put onto the screen, if possible, is to be found
15 in the jury bundle tab 7, page 7 -- sir, I am just
16 waiting for an operator of Lextranet to arrive.
17 Forgive me, Mr Darmon, we are waiting for
18 a technician to arrive.
19 While we are waiting for the technician to arrive,
20 Mr Darmon, perhaps I can move on to another topic which
21 I was going to deal with later.
22 Dealing with the combination of a photographer and
23 a motorcyclist, the advantage of a motorcycle for
24 a photographer was that it was swift through traffic in
25 the centre of Paris -- would you agree?
102
1 A. Yes, of course.
2 Q. -- it was manoeuvrable, and the whole purpose of
3 utilising a motorcyclist to drive a photographer around
4 is that he could keep up with his target to be
5 photographed?
6 A. Yes.
7 Q. Now, if I could ask, please, for the photographs of
8 photographers, tab 7 in the jury bundle, page 7,
9 [INQ-JB4-0000007] to be put up, please. Mr Darmon, do
10 you see that in the screen in front of you?
11 A. Yes.
12 Q. On the left-hand side, that is a photograph of yourself
13 taken by the French police after your arrest. I would
14 ask you --
15 A. After all, I have been injured at the time.
16 Q. I would ask you to note the blue jeans. Are those the
17 jeans that you were wearing on the night?
18 A. Yes.
19 Q. To the right shows a picture of you taken from the CCTV
20 cameras outside the Ritz Hotel, with a dark-coloured
21 helmet and a dark motorcycle jacket.
22 A. Yes.
23 Q. I would like you next, please, to look at a photograph
24 which is in the key events pictorial timeline summary,
25 tab 3 of the jury bundle. If I could ask for that to be
103
1 put up on the screen please. [INQ-JB5-0000002] is the
2 INQ number.
3 LORD JUSTICE SCOTT BAKER: What page?
4 MR MACLEOD: Page -- it is the first photograph, page 2
5 [INQ-JB5-0000002] of the bundle.
6 LORD JUSTICE SCOTT BAKER: Thank you.
7 MR MACLEOD: If we look at the top photograph please.
8 A. You have already showed that to me.
9 Q. Yes. I want to ask you to look, and if we could zoom in
10 on the windshield of your motorcycle?
11 A. That is not very clear.
12 Q. If you look at it unzoomed, do you see black motorcycle
13 gloves resting on the dashboard behind the windscreen?
14 A. Maybe. I do not know.
15 Q. Could I next please ask to be called up from the bundle
16 of paparazzi photographs, photograph 127,
17 [INQ-JB3-0700127 - not for publication]. It should be page 127.
18 Now I want you to look to the right-hand side of
19 the photograph, to the second pillar in the tunnel, and
20 you will see a man with a dark motorcycle helmet --
21 A. That is not me. I could not be in the photograph anyway
22 because I was outside.
23 Q. This photograph, if I can just read to you from your
24 witness statement of 31st August, soon after the event.
25 It is timed at 11.20, page 3 [INQ0000658 - read out in court] at the bottom
104
1 of the page. I am going to ask you whether this is when
2 you went into the tunnel a little later, because you say
3 at the bottom paragraph, in English, "I was outside ..."
4 Do you have that?
5 THE INTERPRETER: Is it the third page of the statement of
6 31st August at 11.20, where it says, "Romuald tried to
7 explain to the police officers that I was only
8 the motorcycle rider and that I stayed out of
9 the tunnel"?
10 MR MACLEOD: The paragraph I am looking at in English says:
11 "I was outside. Seeing they were being held, I went
12 to see what was happening."
13 A. Yes, we can see that now.
14 Q. So "I was outside. Seeing they were being held [that is
15 the other photographers], I went to see what was
16 happening. The firemen opened up the car. The first
17 aid started."
18 I was wondering if that was about the time shown in
19 this photograph, Mr Darmon, at page 127 [Not for publication].
20 A. I do not know, but all I can say is that it is not me in
21 the photograph. I had a jacket that was of a light grey
22 and that was longer.
23 Q. Okay. I will just show you a final photograph in case
24 it jogs your memory. Going back two pages in the
25 photograph bundle to page 125 [INQ-JB3-0700124], if that
105
1 could be put on the screen please. Do you see there is
2 another photograph of the same individual?
3 A. Yes, that is not me. You can see that.
4 Q. Okay. What I would like to do now, Mr Darmon, is to go
5 through some of the photographs that Mr Rat took of the
6 accident. Before I do so, I would like to do two
7 things.
8 First of all, I would like to ask you about your
9 account of what occurred immediately before you went
10 into the Alma Tunnel. It is your evidence, is it not,
11 that you and Mr Rat, having lost sight of the Mercedes,
12 simply gave up the pursuit of the celebrity couple?
13 A. Yes, if that can be called chasing them, yes. Mr Rat
14 decided to stop it there.
15 Q. It is by chance that you happened to drive through
16 the Alma Tunnel and see the crash?
17 A. Yes, absolutely.
18 Q. Now before I take you to the photographs, the second
19 thing I would like you to look at, please, is the
20 line-up of seven paparazzi, [INQ0002417].
21 What I want to do, before going to the photographs
22 that Mr Rat took, is to establish with you, Mr Darmon,
23 what vehicles each of the paparazzi were riding or
24 driving that evening.
25 If you pause there, I will take it quickly.
106
1 Numbers 1 and 2 in the photograph, they are yourself and
2 Mr Rat driving the 650 CC dark blue Honda. That is
3 right, isn't it?
4 A. Yes.
5 Q. Number 3 was Mr Veres, driving a black Piaggio scooter?
6 A. Yes I think so. He was -- he had a physical handicap,
7 if I remember well.
8 Q. I think he may have limped. Is that right?
9 A. Yes.
10 Q. Number 4, Nikola Arsov. He drove a white BMW R100 GS
11 motorbike.
12 A. I do not recognise that photograph, but as a matter of
13 fact, yes, there was a Nikola Arsov from the Sygma
14 agency, I think.
15 Q. Numbers 5 and 7, Mr Arnal and Mr Martinez, they were
16 driving together in a black Fiat Uno?
17 A. Yes, I think.
18 Q. And --
19 A. It is a bit -- my memory is a bit blurred, but yes,
20 I think so.
21 Q. Number 6, Mr Langevin, was driving a grey
22 Volkswagen Golf.
23 A. Maybe. I do not remember.
24 Q. Then, if I could ask, please, for the photograph of
25 the line-up of five [INQ0002419] to be put up. As far
107
1 as number 1 is concerned, I think that is Serge Benhamou
2 who drove a dark green Honda scooter.
3 A. Yes, I remember that.
4 Q. Number 2, Fabrice Chassery, driving a black Peugeot 205.
5 A. Yes.
6 Q. Numbers 3 and 5, Pierre Suu and Jerko Tomic driving
7 a red BMW 750 CC motorbike.
8 A. Maybe. I think they were part of the Angeli agency,
9 I think I recall.
10 Q. Finally, number 4, David Ker or Odekerken, driving
11 a white or light Pajero 4-wheel-drive.
12 A. Yes.
13 Q. Now, bearing that in mind, could you please look at the
14 bundle of paparazzi photographs at page 117 [link to photo]? These are
15 the photographs taken by Mr Rat. Now the first thing
16 I want you to look at is at the crashed Mercedes.
17 We can still see smoke coming from the compressed
18 engine.
19 A. Yes.
20 Q. There is no person around the car, except Mr Arnal to
21 the left.
22 A. Yes.
23 Q. No one appears to have stopped on the opposite side of
24 the carriageway?
25 A. Yes. That is what we can see on the photograph, yes.
108
1 Q. Now, in order for this photograph to be taken by Mr Rat,
2 you must have driven past the Mercedes and parked. Is
3 that right?
4 A. Yes, and that is what I did. He got off my bike and
5 I continued.
6 Q. He must have removed his helmet in order to take these
7 photographs?
8 A. I do not know. Maybe. Maybe he gave it to me. I do
9 not remember.
10 Q. Not only were you and Mr Rat therefore on the scene
11 almost immediately, but also Mr Arnal and Mr Martinez,
12 who were driving the black Fiat Uno.
13 A. Yes, it must be the case. But all I can remember is
14 that we were there first.
15 Q. Now you have told us that you initially parked your
16 motorbike about 20 metres ahead of the Mercedes, having
17 driven past it.
18 A. Yes, and then I walked in again and over to the site and
19 Rat was in front of the car. That is why I am a bit
20 surprised by this photograph. I left very quickly
21 because David Ker was calling the rescue services
22 anyway.
23 Q. Because what this photograph does show is that both
24 Mr Arnal and Mr Martinez were there very quickly as
25 well, does it not?
109
1 A. Well, I do not know how events unrolled afterwards.
2 I know that when I parked my motorbike, I could see them
3 arriving, so it must be at that point in time that this
4 photograph was taken.
5 Q. Now what I want to know is where did Mr Arnal and
6 Mr Martinez park their black Fiat Uno.
7 A. Well, what I remember is that when I came back, they had
8 all parked their vehicles on the other side of the
9 Mercedes from the point of view of the photograph,
10 page 117, and they had all stopped their vehicles.
11 Q. Now, Mr Darmon, so that I can assist you, these
12 photographs were taken very quickly one after the other.
13 If we turn to the next in the bundle, page 118, we see
14 almost the same shot with the car overtaking the
15 Mercedes on the right, Mr Arnal barely visible as
16 a shadow on the left.
17 Then to the next picture, page 119 [not for publication], and if we turn
18 to the next photograph, 119, it shows the view from
19 the opposite side of the Mercedes.
20 A. Yes.
21 Q. Now the first thing I want to draw to your attention is
22 the smoke still coming from the compressed engine.
23 A. Yes, there was a lot of smoke.
24 Q. We can see tyre marks going through the shattered glass
25 on the left.
110
1 A. Yes.
2 Q. We can see Mr Martinez, who was with Mr Arnal in his
3 black Fiat Uno, but also Mr Benhamou.
4 A. Yes.
5 Q. So Mr Benhamou, as well as Mr Arnal and Mr Martinez,
6 yourself and Mr Rat, were all on the scene almost
7 immediately afterwards.
8 A. I more or less lost track of time. I do not remember
9 the others very well. I saw things in slow motion
10 anyway. They all came little by little. But I left
11 very quickly.
12 Q. You see --
13 LORD JUSTICE SCOTT BAKER: Mr Darmon, I want to be clear
14 about one thing. A moment ago, I understood you to say
15 that Arnal and Martinez parked on the side of the
16 Mercedes away from the camera in photograph 117. But is
17 that right?
18 A. Well, they all got there from the other end of the
19 tunnel and I parked my bike, came back and still there
20 was no one between the Mercedes and the exit of
21 the tunnel. They had all parked their vehicles on the
22 other side from the point of view of this photograph.
23 LORD JUSTICE SCOTT BAKER: Well, if that is so --
24 A. I do not know whether Arnal and Martinez were there.
25 There were just some vehicles.
111
1 LORD JUSTICE SCOTT BAKER: If that is so, Arnal and Martinez
2 must have walked past the crashed Mercedes without
3 opening the doors, walked further up the tunnel and then
4 turned round and gone back again.
5 A. That may be the case. All I remember is that when
6 I walked in again, there was no vehicle between the
7 Mercedes and the exit of the underpass.
8 LORD JUSTICE SCOTT BAKER: Or is it possible that they did
9 park somewhere on your side, on the exit side, but for
10 some reason it has not been something that lodged itself
11 in your memory?
12 A. That may be so. I remember Benhamou's scooter.
13 Benhamou moved his scooter a little bit further down
14 the road at some point, but yes, that may be the case.
15 LORD JUSTICE SCOTT BAKER: Thank you.
16 I am sorry, Mr Macleod, I just wanted to clear that
17 up.
18 MR MACLEOD: Indeed, sir.
19 On those same lines, Mr Darmon, the question I was
20 going to ask you is: looking at photograph 119, we do
21 not see the black Fiat Uno of Martinez and Arnal, do we?
22 A. Well, it confirms what I have just said. To start with,
23 nobody had parked any vehicles in that area.
24 Q. Because, do you realise that this photograph is looking
25 westbound, through the tunnel?
112
1 A. To the exit?
2 Q. Yes.
3 A. Yes, we see red lights at the end of the tunnel.
4 Q. That is what I was going to ask you about. We can see,
5 I think, at least four red lights towards the top of the
6 ramp, at the exit of the tunnel.
7 A. Yes, yes. Maybe somebody got out of the tunnel and
8 parked there, at a later stage, but -- well, maybe it is
9 not something that lodged in my memory. I was really in
10 shock.
11 Q. Mr Darmon, you can see from this photograph that this is
12 very soon after the crash.
13 A. Yes, it seems to be the case.
14 Q. You have told us that soon after you stopped, you drove
15 and stopped at the top of the ramp at the exit from
16 the tunnel.
17 A. Yes.
18 Q. What I would like to know is who else was parked there
19 with you at the top of the tunnel? Is that the black
20 Fiat Uno of Martinez and Arnal?
21 A. I do not remember. I only remember Arsov's motorbike.
22 He parked his motorbike next to mine.
23 Q. Can I move to the next photograph please, 120 [not for publication]? We can
24 see that now this is later when people are around the
25 car, the police have arrived. We can see stationary
113
1 cars at the entrance to the tunnel and we can see
2 stationary cars in the opposite carriageway.
3 Turning to photograph 121 [not for publication], we can see in this
4 photograph, looking west, Arnal to the left, but if
5 we look towards the top of the tunnel, there only
6 appears to be one red light, or two at most.
7 A. Yes.
8 Q. Now do you know who had left from the preceding
9 photographs which showed at least four red lights at the
10 top of the ramp?
11 A. I cannot remember unfortunately. I only remember
12 Nikola Arsov's motorbike, but maybe some people parked
13 there too. I do not know.
14 Q. Looking at this photograph, again westbound, do you see
15 a police officer who is identified as Dorzee? Behind
16 him, we can see a red light of a stationary vehicle. Is
17 it possible for you to identify whose vehicle that may
18 have been?
19 A. I do not remember. It may have been the Fiat or someone
20 else, I do not know unfortunately.
21 Q. Going to photograph 122 [not for publication], this is again looking
22 eastbound, towards the entrance, and to the right-hand
23 side we can see Benhamou and Martinez being apparently
24 held back by the police officer. Had you gone back into
25 the tunnel at this time?
114
1 A. No, not at that specific time. I was not in the tunnel
2 very much. I came back three times after I had parked
3 my bike; the second time, when I saw the policeman and
4 the third time, that was when I was arrested.
5 Q. Can you look next at photograph 123 [not for publication]? You can see that
6 this is still relatively soon after the crash. There
7 are no pompiers present. What we can see, on the
8 right-hand side of the photograph, is a group of four
9 paparazzi. From the bottom of the page: Benhamou,
10 Martinez, Arnal, but importantly, Fabrice Chassery. He
11 was driving a black Peugeot 205. Where was that car
12 parked?
13 A. I would like to be more helpful, but unfortunately I do
14 not remember.
15 Q. In photograph 123, you can see the police car
16 immediately behind the Mercedes.
17 A. Yes.
18 Q. It does not appear as if Mr Chassery parked his car that
19 side of the Mercedes, does it?
20 A. Well, when I first saw them, they had stopped their
21 vehicles, but it is possible that some got out the other
22 way. I know that I had seen some vehicles get in
23 the tunnel, but I had never seen them go out from
24 the other side. So they must have gone out -- taken
25 the exit which actually was a way of access to the
115
1 expressway.
2 Q. So are you saying that you don't think that they drove
3 through past the Mercedes after the crash?
4 A. I do not know. Maybe they did, maybe not. I do not
5 remember.
6 Q. But if they did not, they would have taken the exit
7 before the Alma Tunnel; is that right?
8 A. Yes, maybe.
9 Q. And parked somewhere outside the tunnel?
10 A. Yes, that is a possibility.
11 Q. Did you see Chassery at the top of the ramp at the
12 westbound exit of the tunnel?
13 A. On my side you mean, where I was?
14 Q. On your side.
15 A. No. I do not remember. I remember Arsov, Ker and
16 Benhamou.
17 Q. If we just quickly go through the photographs. 124 [Not for publication],
18 we see Mr Chassery again in the centre of the page.
19 And 125 [link to photo], we see Chassery, Arnal and Benhamou on the
20 left, but no sign of lights at the top of the exit ramp.
21 Do you know what happened to the vehicles that were
22 parked there?
23 A. No, I do not remember which vehicles were parked there.
24 I remember the motorbike scooters, but -- I remember
25 the police car and the fire brigade lorry, but, you
116
1 know, I was having a conversation with people so maybe
2 people passed by, parked, but I did not notice. I do
3 not remember.
4 Q. The final question I want to ask you in relation to
5 these photographs is, at 125, looking to the westbound
6 exit, we can faintly see a single red light beyond
7 the Mercedes. Do you see it?
8 A. Well, Benhamou had parked his scooter there, at
9 the exit.
10 Q. That is exactly the question I was going to ask you. Is
11 that likely to have been Benhamou's scooter which later
12 drove past you at a speed of knots and nearly knocked
13 you over?
14 A. Yes, I do not know if it is Benhamou's scooter or if
15 the light belongs to Benhamou's scooter there on the
16 photograph, but what is for sure is that he parked his
17 scooter there, on the right-hand side, past the
18 Mercedes, so it may be his.
19 Q. Now the final point I want to ask you about, Mr Darmon.
20 Having looked at those photographs and how soon Mr Rat
21 was at the scene, could I ask you please to look at the
22 large bundle of photographs at page 9 [INQ-JB1-0000009]
23 please showing the route that the Mercedes took from the
24 Ritz to the crash?
25 First of all, Mr Darmon, there were several sets of
117
1 traffic lights which the Mercedes had to get past before
2 it got to the Avenue de Champs-Elysees.
3 A. Yes.
4 Q. On the map, the first one, if you see the Ritz Hotel
5 marked, would have been at the Rue St Honore. Do you
6 agree?
7 A. Well, yes, that must be the case.
8 Q. Then another set of traffic lights at the Rue de Rivoli?
9 A. Yes, I do not know where exactly there are traffic
10 lights, but yes.
11 Q. Then, following the red line, the next set of traffic
12 lights would be at the next junction, and that is the
13 Rue St Florentin, which is not indicated on the map.
14 Then next, past the Hotel Crillon, before you get
15 there, there is a set of traffic lights at the
16 Rue Royale and a further set of traffic lights at
17 the Hotel Crillon, at the Rue Boissy d'Anglas. Do you
18 agree?
19 A. Well, I do not know the positions of traffic lights in
20 Paris by heart, but yes, I believe you.
21 Q. There was a further set of traffic lights where you saw
22 the Mercedes stationary at the junction with
23 the Avenue de Champs-Elysees and the Place de
24 la Concorde?
25 A. Yes. That is where I found them again.
118
1 Q. Now, dropping down to the expressway from the Place de
2 la Concorde, do you agree with me that the distance
3 between the entrance to the expressway and the
4 Alexandre III tunnel is no more than about 280 metres?
5 A. You mean between the Champs-Elysees and the bridge?
6 Q. No, between the entering sliproad onto the expressway
7 and the Alexandre III underpass.
8 A. Yes, I do not know, I have not measured that distance
9 but, yes, there must be between 100 and 200 metres. But
10 earlier, I was talking about the distance that there is
11 between the Champs-Elysees and the curve into
12 the expressway.
13 Q. Yes. But you also told the police you were travelling
14 at between 80 and 90 kilometres per hour following
15 the Mercedes when it set off from the traffic lights in
16 Place de la Concorde. Is that right?
17 A. Well, not in the course of manoeuvring in the curve.
18 That is when I was going straight on the expressway that
19 I was going at that speed.
20 Q. Because if the Mercedes were still in sight by the time
21 you got to the expressway, it was only a short distance
22 to the Alexandre III tunnel, wasn't it?
23 A. Yes, and that is why I was very impressed because
24 obviously I had lost sight of the Mercedes when I was at
25 the intersection with the Champs-Elysees and they had
119
1 already disappeared into the curve, but what was very
2 surprising was that after I took the curve myself,
3 I could not see the Mercedes, even though I had
4 a straight view on the expressway.
5 Q. Looking at photograph 37 [INQ-JB1-0000037] onwards in
6 the big bundle of photographs [INQ-JB1-0000038], [INQ-JB1-0000039], [INQ-JB1-0000040], Mr Darmon, this shows
7 the expressway after the Alexandre III tunnel. If you
8 turn over the page, you will see that the photograph
9 gets closer.
10 Over the page again, and then over the page finally
11 to pages 40 and 41. And in photograph 41
12 [INQ-JB1-0000041] you can see the curve in the road and
13 the dip into the tunnel. The road from
14 the Alexandre III tunnel is dead straight, isn't it?
15 A. Yes.
16 Q. There is only a distance of about 1,000 metres between
17 the start of the expressway to the scene of crash?
18 A. Well, yes. I did not know that, but if you say so.
19 Q. Finally, if I can ask you to look, please, again at
20 the paparazzi bundle of photographs, the first
21 photograph in the bundle, please. These are photographs
22 taken by Mr Arnal, who was shown in the first photograph
23 taken by Mr Rat.
24 The first photograph [link to photo] is looking east, as are
25 the next two [link to photo page 2 and page 3], as are the next two. Then, when we get to
120
1 photograph 7 [not for publication], Mr Arnal has taken a photograph looking
2 west and photograph number 8 [not for publication], a similar photograph. If
3 you look at photograph number 7, in none of those
4 photographs is there any other person stopped to tend to
5 those in the crash or to observe what had happened.
6 A. Yes, it is something that I have to acknowledge, looking
7 at these photographs.
8 Q. Having reviewed that photographic evidence which was
9 taken on 30th August at the time of the crash, do you
10 not think that you, Arnal, Martinez, Benhamou and
11 the other paparazzi were very much closer behind the
12 Mercedes before it crashed than you have said?
13 A. No, I am not going to say this again. I have to confirm
14 what I already said and it is the truth. Maybe things
15 had happened before I got there, but I do not know. All
16 I could see was a red dot into a tunnel.
17 MR MACLEOD: Thank you, Mr Darmon.
18 Further questions from MR BURNETT
19 MR BURNETT: Mr Darmon, you are nearly at the end now.
20 I have a few more questions for you just to clarify one
21 or two matters.
22 Now Mr Macleod, who was asking you questions
23 a moment ago -- can you hear me properly?
24 A. Yes. Now we can. There was a big noise.
25 Q. Sorry, I think that was my fault with the microphones.
121
1 I will start again.
2 I have a few questions merely of clarification,
3 Mr Darmon, if you will bear with me.
4 Now, Mr Macleod, who asked you questions a moment
5 ago, showed you two photographs taken by the police.
6 One had seven people in it, including you, and the other
7 five people. Do you remember that?
8 A. Yes, yes.
9 Q. Now, it is right, isn't it, that the seven were those of
10 you who were detained at the scene of the crash by
11 the police?
12 A. Yes, including myself, who had walked over to the police
13 to propose to be a witness because the others were still
14 in the underpass.
15 Q. Yes, I understand that. Then the other five are people
16 who had left the scene but were later picked up by
17 the police, aren't they?
18 A. Yes.
19 Q. So that included a number of photographers, including
20 Mr Chassery and Mr Odekerken, for example?
21 A. Yes.
22 Q. One of those who left the scene but later was arrested
23 was Mr Benhamou; that is right, isn't it?
24 A. Yes.
25 Q. Now you mentioned in your evidence that Mr Benhamou left
122
1 the scene as soon as the emergency services,
2 the pompiers, arrived. Do you remember that?
3 A. Yes, that was about at that time, yes.
4 Q. I just wonder if I can check your memory on that.
5 We have a number of photographs -- you have them in
6 front of you -- taken by Mr Benhamou. Could you turn to
7 page 32 [not for publication] in the bundle please? You will see in
8 photographs 32, 33 and 34 [not for publication] lots of pompiers. Do you see?
9 Do you agree that although he left the scene, he did so
10 a little time after the pompiers arrived?
11 A. Yes, I do not remember if it was before, during or
12 after, but that was about at that time.
13 Q. I see. We have heard that all of you were investigated
14 by the French judicial authorities as a result of this
15 crash, but it is right, is it not, that the judge
16 dismissed all the charges?
17 A. Yes.
18 Q. Now in the course of questioning you, Mr Keen, who
19 appears for the family of Henri Paul, put a number of
20 questions to you which I want to explore. Can I just
21 remind you of the proposition that he put to you?
22 Sir, this is at page 52, line 9, for those taking
23 a note.
24 LORD JUSTICE SCOTT BAKER: Thank you.
25 A. Yes.
123
1 MR BURNETT: He said to you:
2 "... you know that what Mr Rat was protecting was
3 not the victims of this crash, but the £300,000
4 exclusive that he had just telephoned into The Sun from
5 the tunnel."
6 A. (French spoken).
7 MR BURNETT: Please interpret. Could you interpret
8 the answer and then I will explain what I am going to
9 do?
10 THE INTERPRETER: Okay.
11 A. That was a total surprise to me. I thought that that
12 was all made up. It was awful for me to hear that.
13 MR BURNETT: Within that proposition appears to be
14 a proposition that Mr Rat telephoned from the tunnel to
15 a London newspaper before the time that you described
16 when he was trying to keep people from photographing
17 the car. Do you understand that that is one of the
18 points being put to you?
19 A. I do not know what Rat did inside with his photographer
20 colleagues, but -- I just heard about this today.
21 Q. I appreciate that. Can you bear with me while I try to
22 remind you of the points that were put to you before
23 we try to explore what you say about them?
24 So the point that Mr Keen was suggesting to you was
25 that Mr Rat, far from trying to help those inside the
124
1 car, was trying to keep photographers away because he,
2 Mr Rat, already had his shots and had done a deal with
3 a newspaper in London. That is what was put to you.
4 MR KEEN: Sir, I hate to interrupt, but just on the last
5 point, certainly the phone call was made --
6 LORD JUSTICE SCOTT BAKER: Just one moment. Can we get the
7 answer please?
8 MR KEEN: The proposition is not entirely well founded.
9 Certainly he had taken the shots by then and was keeping
10 people away to maintain the exclusive. It is not clear
11 that he had already telephoned by then. That is
12 the only point I make, just as a matter of accuracy.
13 LORD JUSTICE SCOTT BAKER: Thank you.
14 MR BURNETT: Sir, that may be what is now said, but it is
15 not what was put to the witness at page 52, line 9.
16 MR KEEN: With respect, it is, sir.
17 MR BURNETT: I will read it, if I may, from the transcript.
18 A. It is easy to check with the telephone calls that were
19 made. It is easy to get that information from
20 the authorities.
21 MR BURNETT: We will come back to that. This is what was
22 put to you. I am sorry to have to go back to
23 the transcript:
24 "Mr Darmon, you know that what Mr Rat was protecting
25 was not the victims of this crash, but the £300,000
125
1 exclusive that he had just telephoned into The Sun from
2 the tunnel. Is that not the case?"
3 A. Well, they are all out of my reach. I am not aware of
4 all of these things. At 1 o'clock, I did not know
5 Mr Rat.
6 Q. The events that you described when Mr Rat was active
7 around the car, you say trying to keep photographers
8 away, happened before the emergency services arrived,
9 did it not?
10 A. Well, I do not know exactly. Plenty of things happened.
11 I left rather shortly. Once there were rescue services,
12 I left.
13 Q. I appreciate that. It has been a very long day for you,
14 Mr Darmon, I am conscious of that, but please listen to
15 my questions and just answer those. I am trying to
16 clarify something with you.
17 The evidence you gave earlier today was that when
18 Mr Rat was seeking to keep photographers away from
19 the car and help the people inside the car, that
20 happened early on after you arrived and before the
21 emergency services. I am just asking you to confirm
22 that.
23 A. Yes.
24 Q. Now, Mr Darmon, you have been cross-examined hard by
25 others and I think Mr Keen in particular put to you
126
1 accounts given by other people. So it may help you to
2 know that Mr Dalby, an early passer-by, essentially
3 confirms your account of that.
4 A. You mean all I said?
5 Q. No, that is an optimistic view. I am only looking at
6 this part of the account.
7 Now I want to ask you next a few more questions
8 about the photographic equipment that Mr Rat had.
9 First of all, you told us that you had three films of
10 his which were seized by the police.
11 A. Yes, they were given to me, three or more even.
12 Q. These were films taken earlier in the day, is that it?
13 A. Yes, yes. It must be the case. He just gave them to me
14 and for me to keep them. I did not know what --
15 Q. These are what I would perhaps describe as old-fashioned
16 camera film. This was not a digital camera, was it,
17 that he was using?
18 A. Yes, absolutely.
19 Q. Now we know what sort of camera Mr Rat had because
20 it was seized by the police. Could we have
21 [INQ0041859]?
22 Inspector or Lieutenant Cheron, he tells us that he
23 seized three films from you and one film from Mr Rat
24 with 21 shots on it. We see also that he seized
25 a single Canon camera, a flash and two lenses.
127
1 A. Yes, well we actually had to get naked really.
2 Q. I appreciate that you were searched very thoroughly at
3 the police station, but I do not think we need to go
4 into that now, if you will forgive me.
5 The point is this: Mr Rat only had one camera with
6 him, did he not?
7 A. Well, yes. If the police officers only seized one, it
8 must be the case.
9 Q. And you did not take any film out of the tunnel for
10 Mr Rat, did you?
11 A. No, I stayed there. At no point in time did I leave
12 the place.
13 Q. And you were not aware of his telephoning a London
14 newspaper, were you?
15 A. No, no, not at all. And anyway, what would have been my
16 interest in giving the films to the police if I had
17 known what had been in them? I did not know what was in
18 there anyway and I had no interest in keeping them.
19 Q. Now, we have heard evidence already from
20 Inspector Carpenter that the film that Mr Rat had and
21 was seized by the police was continuous; in other words,
22 there are no photographs missing from the photographs
23 that we have. It is important, therefore, to know
24 whether you think he had another camera that he might
25 have used at the same time.
128
1 A. Maybe he had another one in his bag, maybe, but I would
2 not know.
3 Q. Well now, you also mentioned, when I first asked you
4 the question whether he telephoned, that the records
5 could be checked. This is the records of his mobile
6 phone, is it, that you had in mind?
7 A. Yes, of course, and it is possible to check mine or
8 anybody else's.
9 Q. Well, now, Mr Darmon, we do have all of those records
10 for Mr Rat. The Coroner has them and no doubt they will
11 come into evidence fairly soon, if not today.
12 Now, finally, Mr Darmon, you were asked all these
13 questions which suggested that you had had a cut or at
14 least the prospect of a cut of £300,000 on the strength
15 of an interview in a television programme.
16 I think it only fair to you, Mr Darmon, that
17 I should read to you slightly more extensive extracts
18 from that interview to ensure that you and everyone has
19 what the man said in context. Okay?
20 You will remember that Mr Keen said to you that this
21 was an interview given by a Mr Lennox who, in 1997, was
22 the picture editor of The Sun newspaper and that is
23 a mass circulation tabloid newspaper. This was an
24 interview given at the end of last year, so nearly nine
25 years after the events. I will read slightly longer
129
1 extracts to you and to others.
2 Sir, this was produced only very recently, as you
3 will appreciate, by Channel 4 and so is not yet in
4 the documents.
5 LORD JUSTICE SCOTT BAKER: Yes, yes.
6 MR BURNETT: This is Mr Lennox:
7 "On the evening of the 30th, I did my usual check
8 with News of the World, my sister paper, to see if they
9 had anything big left over for the morning. I was
10 wearing my usual bed T-shirt and the phone rung and that
11 would normally be the News of the World telling me there
12 is another big breaking story I had to get my teeth
13 into."
14 MR KEEN: Again, I apologise for interrupting my learned
15 friend, but my typescript -- I am aware, sir, that this
16 document was recovered on your application. It is just
17 that my typescript seems to vary slightly from the one
18 being read out and this was provided by your counsel, so
19 I am slightly concerned.
20 MR BURNETT: I thought I was on page 3.
21 LORD JUSTICE SCOTT BAKER: I do not have a copy of it, so
22 I cannot --
23 MR BURNETT: Page 2 --
24 MR KEEN: I apologise. There is repetition between page 2
25 and page 3. I apologise.
130
1 MR BURNETT: Mr Keen is ahead of me. I will get to page 3
2 in due course.
3 So I will carry on:
4 "So I expected it to be them. Instead, it was not
5 a garbled phone call, but a call from France using
6 slightly broken language -- English."
7 Moving down to the middle of the next paragraph, for
8 Mr Keen, who is following it:
9 "It was an unusual call. It was from someone
10 speaking French very hurriedly, saying that Dodi and
11 Diana had been in a car crash in Paris and offering me
12 the photographs and the price was £300,000 in English
13 pounds. I asked how were they. They said Dodi is badly
14 injured but Diana looks very lightly injured.
15 "The crash was in a tunnel in Paris and they could
16 get the photographs over to my electronic picture desk
17 right away."
18 On the next page, page 4, giving another brief
19 account of the same call:
20 "It was an unusual telephone call, slightly
21 panicked. French-speaking photographer, Romuald Rat,
22 said he had got photographs of Diana being involved in
23 a car crash and I could have them exclusively for the UK
24 for £300,000. He said it was a serious crash and he
25 would get the photographs over to my electronic picture
131
1 desk right now. I ran downstairs, pulled on a pair of
2 trousers, still with bare feet, still with sleeping
3 T-shirt, down to News International, ran through
4 security there and went to my electronic picture desk,
5 opened it up and looked at it and it jumped off
6 the screen at me."
7 At the bottom of page 5:
8 "When I got to News International, I just ran
9 through security, straight up to my electronic picture
10 desk, opened it up, sat in front of it. The first
11 picture jumped out and I knew that right away we had to
12 have them because Diana did not look badly injured.
13 I flipped through the photographs, I think five in total
14 photographs. There was a general scene of the crash
15 which showed the car in the middle of the road badly
16 dented up. The photographs seemed to be of taken from
17 15 to 20 feet away and they were good quality."
18 Now, if I can pause there, when Mr Rat was trying to
19 stop other photographers taking photographs and was, in
20 your words, seeking to help those in the Mercedes, was
21 he as far away as 15 or 20 feet from the car?
22 A. I do not know. I actually could not see exactly what
23 was going on, you know. He got off my bike, I got out
24 of the tunnel, I came back, there were all these
25 flash-lights, but I could not see really what was
132
1 happening.
2 Q. Then the interview goes on:
3 "Another photograph of a doctor administering oxygen
4 and another shot of Diana after the oxygen had been
5 given. I could see paramedics in other shots.
6 The pompiers [whom he may have described as pompadours]
7 who do the paramedic stuff in Paris were all there.
8 I tried to get back to the photographer, but could not
9 get through to him. I was worried for a minute or two
10 but I had the photographs. They were on my desk and
11 I was paying for them. There was no doubt about that."
12 Then page 8, he describes the photographs again.
13 I pick it up, for those following, at the bottom of
14 page 8:
15 "The third photo is the same as the first, but then
16 it shows me that the first photograph is a pull-up from
17 the middle of the first photograph(sic). It shows more
18 of the same and there is a couple of pompiers,
19 the emergency rescue people, paramedics in the tunnel
20 a few feet away and there is this doctor or medic of
21 some kind with the oxygen bottle in his hand.
22 "Other shots are variations on that theme. It boils
23 down to four photos: three proper photographs."
24 Last, in the next transcript, page 3:
25 "So I looked at them again, and of course we could
133
1 use the distant photographs just showing the damage to
2 the car, which was a very dramatic photograph because
3 there was a lot of camera movement in it and it
4 blurred."
5 Now, Mr Darmon, did you see the doctor using
6 the oxygen bottle to assist Diana?
7 A. Seen? I have not.
8 Q. Did you see the pompiers rendering assistance to those
9 in the car?
10 A. Yes I could see them in the distance from where I was
11 standing at the exit of the tunnel.
12 Q. Now, the points that were put to you by Mr Keen rest on
13 two propositions essentially. First, that Mr Rat
14 telephoned The Sun from the tunnel and, second, that
15 the photographs received by The Sun were his. Now you
16 may not be able to help very much with that, but were
17 you aware that he had sold photographs from the tunnel?
18 A. No, not at all.
19 Q. Was there any question of your receiving a cut of such
20 sale proceeds?
21 A. No, never. I would have said so otherwise.
22 LORD JUSTICE SCOTT BAKER: Do we have any time in relation
23 to this call in any document?
24 MR BURNETT: Sir, the interview is very long and I have only
25 read it quickly, but there is a reference to
134
1 12-something from Mr Lennox, but --
2 LORD JUSTICE SCOTT BAKER: Yes.
3 MR BURNETT: This is a matter which will need to be
4 explored --
5 LORD JUSTICE SCOTT BAKER: Absolutely.
6 MR BURNETT: -- because it is a serious point to put to
7 the witness, so it is something that must, in fairness
8 to everybody, be explored.
9 LORD JUSTICE SCOTT BAKER: Well, I hope that we can get
10 copies of the document that you have been putting
11 available to all of us if we need them.
12 MR BURNETT: I think the IPs have it, sir. I am sorry if
13 one is not with you.
14 Sir, those are my questions.
15 LORD JUSTICE SCOTT BAKER: Thank you very much.
16 M Darmon, we are grateful to you for the time that
17 you have spent giving evidence and for putting up with
18 the inconvenience of coming to give evidence. We are
19 grateful to you. Thank you. That will be all.
20 A. Well, I do not know what to say.
21 LORD JUSTICE SCOTT BAKER: Thank you.
22 A. Thank you.
23 LORD JUSTICE SCOTT BAKER: So that, I think, is all as far
24 as the jury is concerned, Mr Burnett.
25 MR BURNETT: Yes. Sir, before the jury goes, subject to
135
1 your direction, it may be worth a public discussion
2 about tomorrow.
3 LORD JUSTICE SCOTT BAKER: Yes. Do we want to lose France
4 on this before we have this discussion?
5 MR BURNETT: We think we have up-to-date information from
6 France.
7 LORD JUSTICE SCOTT BAKER: You are ahead of me then.
8 MR BURNETT: But it might be good to have them back, and if
9 I were able to read whoever's writing it might be ...
10 LORD JUSTICE SCOTT BAKER: Could you retrieve the French
11 connection please?
12 MR BURNETT: Sir, while we are retrieving that, the position
13 at the moment is that the witnesses who we had hoped
14 might be available tomorrow are not available and
15 we should also note that Thursday is a public holiday in
16 France, something that was mentioned some time ago, even
17 though many of us had perhaps overlooked it in our
18 enthusiasm in the last few days.
19 There is a legal argument that needs to be resolved
20 in connection with how to proceed without the witnesses
21 we had hoped to have.
22 LORD JUSTICE SCOTT BAKER: Yes.
23 MR BURNETT: So it would make some sense to deal with that
24 tomorrow morning. Now, the argument having been
25 resolved, everyone will then have to take stock and
136
1 there may be some further points that need to be
2 resolved by you. Thus, it seems to us that there are
3 two options: either ask the jury to come back tomorrow
4 afternoon, in the hope that we will be able to use the
5 time usefully with them, but there is a danger we will
6 not be able to.
7 Alternatively, and perhaps to give more certainty,
8 to ask the jury to come back on Thursday morning --
9 LORD JUSTICE SCOTT BAKER: Yes.
10 MR BURNETT: -- to enable us to use tomorrow to resolve all
11 the issues that arise as a result of the problems that
12 we have encountered rather than wasting the time of the
13 jury unnecessarily.
14 LORD JUSTICE SCOTT BAKER: I do not think there is any great
15 secret, is there, about the difficulties? This relates
16 really to the paparazzi witnesses and whether they are,
17 in fact, going to come to court to give evidence. I do
18 not see why the jury should be in the dark about this.
19 MR BURNETT: That is absolutely right. In respect of the
20 paparazzi witnesses you had hoped to call, there is
21 a small number who, through their lawyers essentially,
22 have said that they do not wish to give evidence and
23 there are others who have been asked to come but who are
24 no longer expected to come. That is, I am afraid,
25 the position.
137
1 That then leads to the question that we all need to
2 debate in the absence of the jury, mostly because it
3 will be a very boring debate for them, of how to proceed
4 with the --
5 LORD JUSTICE SCOTT BAKER: Are we absolutely confident that
6 nobody is coming tomorrow?
7 MR BURNETT: That is what I am informed.
8 SECRETARY TO THE INQUEST: We can hear you, Mr Burnett. Did
9 you require us to participate in this?
10 LORD JUSTICE SCOTT BAKER: Can you hear us now?
11 SECRETARY TO THE INQUEST: Yes, we can hear you. Do you
12 require us to participate in this debate, sir?
13 LORD JUSTICE SCOTT BAKER: Well, we just
Français