Al Fayed alleges 'conspiracy' as Diana judge clears photographers

A French judge has dismissed all charges against nine photographers and a press motorcyclist implicated in the crash that killed Princess Diana and concluded that alcohol, drugs and excessive speed caused the accident.

Investigating judge Herve Stephan also concluded that the decision by Dodi Fayed, Diana's boyfriend, to order an off-duty security official, who was drunk, to drive the Mercedes, also contributed to the crash. Diana; Fayed; and the driver, Henri Paul, died in the Aug. 31, 1997 crash in a Paris traffic tunnel. Only bodyguard Trevor Rees-Jones survived.

In his decision, Stephan said the "accident, which was not the result of a voluntary act, is due to the fact that the driver of the car was inebriated and under the effects of drugs incompatible with alcohol, which did not allow him to maintain control of his vehicle which was traveling at high speed."

George Kiejman, a lawyer for Mohammed Al Fayed, Dodi's father and the owner of the Ritz Hotel which leased the vehicle, said in Paris that the millionaire would appeal the decision.

In London, a spokeswoman for Al Fayed said he would continue to pursue "the truth." Al Fayed has said he believes there was a murder conspiracy plotted by people who did not approve of Diana's relationship with Dodi, an Egyptian.

"Mr. Al Fayed has the resources and the will and has vowed to find out exactly why his son and the others died," said Laurie Mayer, the spokeman.

Stephan followed recommendations issued Aug. 16 by the state prosecutor to drop charges of manslaughter and failing to assist persons in danger against the photographers and press motorcyclist.

Speed and alcohol long have been identified as the major causes of the crash, but initial suspicion fell on the photographers who were involved in a high-speed chase of Diana in hopes of getting a valuable shot of the princess and her companion. Following a private dinner at the Ritz, Diana and Dodi were ushered into a Mercedes 280S and whisked across the Place de la Concorde before heading into a traffic tunnel along the River Seine. There, the car careened out of control in the narrow underpass and smashed into the 13th pillar. In his report, Stephan called the road "tricky "and added that the Mercedes "had to avoid a slower-moving car traveling in the same direction."

The white Fiat Uno suspected of brushing the Mercedes has never been found.

The photographers, who acknowledge tailing Diana, claim they were made scapegoats and maintained throughout the investigation that they bore no responsibility for the crash.

Stephan and Marie-Christine Devidal, the other investigating judge, justified the investigation into the photographers' role, saying that their actions could have played a role in the crash.

However, the investigation "did not formally find a definite link between the accident and those under investigation," Stephan said in a communique released to news media. But the judge did note that the photographers' behavior had been severely criticized by several witnesses. He said that their behavior, despite its moral and ethical implications, did not "constitute an infraction of the criminal code."

Diana was the hottest photographic prey on the planet in the summer of 1997, and photos of her and Dodi in the midst of a budding romance could fetch hundreds of thousands of dollars.

The long-awaited report by Stephan, the chief investigating judge, came two years after the fatal crash. The decision can be appealed by any of the parties to the case.

Besides Al Fayed, another possible appellant was Rees-Jones, who has filed a suit against the Ritz hotel and its car service, Etoile Limousine "for endangering the lives of others."

But Rees-Jones' lawyer, Christian Curtil, called Stephan's ruling "an excellent decision," and said he was pleased the judge had "emphasized the responsibility of the Ritz hotel and the Etoile-Limousine company."

The bodyguard's suit cites the Ritz and the car service for "failing to provide a licensed driver" for the Mercedes that crashed.

Paul did not have the type of license required to drive the Mercedes 280S sedan, provided to the Ritz by Etoile-Limousine.

The family of Henri Paul, the driver, may also appeal.

Related links:
2 September: Diana photographers may face charges
21 August: Leeks, leaks and an undying legacy

Useful links:
Monarchy Website: Diana, Princess of Wales
Diana Memorial Fund