Lord Justice Scott Baker is not being fobbed off by attempts to prevent evidence given by photographers who were at the tragic crash scene in Pont de l'Alma on August 31st 1997 from being made available to the onging inquest into her death.
The row is over whether the evidence should be allowed to be read out or played via video in court given that the photographers themselves (all but one of whom have refused to attend and can't be compelled to do so by the English coroner's court)will not be in court and cannot therefore be cross-examined.
Given that their evidence is likely to be contested by 'interested parties'rule 37 of the 1984 Coroners’ Rules comes into play as it provides that such evidence can only be admitted where there is not likely to be a contest to the evidence.
Given that what the photographers saw - or may have seen - is so fundamental to getting the full picture of what happend in the immediate aftermath of the crash it seems ludicrous for rule 37 to be applied so as to lock out the evidence.
The High Court upheld the rule and blocked the evidence but their Lordships did concede that the system was far from satisfactory. Having been given leave to bring this appeal to the Court of Appeal one hopes Lord Justice Baker will secure a breakthrough and get the evidence admitted.
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