Lawyers try to delay trial of second royal butler

The trial of a second royal butler accused of theft from Diana, Princess of Wales, was thrown into doubt yesterday because defence lawyers are seeking a postponement.

Legal representatives of Harold Brown, 48, who is accused of stealing valuables worth more than £500,000 from Diana's estate, will claim that the trial – due to start in 11 days' time – should not be held so soon after the spectacular collapse of the Paul Burrell case. A hearing on their application will take place at the Old Bailey on Tuesday.

Mr Brown's lawyers are understood to fear the avalanche of publicity that followed the acquittal of Mr Burrell, after intervention by the Queen, means the latest trial is currently unviable. The Independent has learnt that although the Old Bailey hearing will deal with the proposed delay, the judge may also be asked to decide whether proceedings against Mr Brown should be dropped altogether.

A source close to the case said: "There is a feeling that the trial should be reviewed because of the press coverage following Burrell. It may be felt that so much has been said that a fair trial would simply not be possible."

There have also been suggestions of disquiet about the trial in the higher echelons of the Crown Prosecution Service. Senior CPS lawyers have met the Attorney General, Lord Goldsmith, to discuss the likelihood of a conviction of Mr Brown and his co-accused, the society jeweller Jan Havlik.

The Burrell case led to strong criticism of the way police investigated the allegation that he stole hundreds of items from his former employer, including the handling of evidence and the information given on the case to the Royal Family.

A spokesman for the CPS declined to comment on whether it would support next week's defence application to postpone the Brown trial.

Mr Brown, who worked for Diana and the Prince of Wales from 1984 before transferring to the staff of Princess Margaret, is charged with four counts of theft between January 1997 and November 2000.

Among the items alleged to have been stolen is a £500,000 model of an Arabian dhow encrusted in diamonds, which was given to the Prince and Princess of Wales as a wedding gift from the Emir of Bahrain. Diana, who retained possession of the dhow after her divorce, is said to have loathed it and kept it out of view.

Mr Brown, a servant to the Royal Family for more than 30 years, is also charged with stealing a decorative jewelled daffodil worth £5,000, and earrings and a bangle worth £10,000.

The items are alleged to have disappeared from Diana's apartments in Kensington Palace.

Mr Brown, who denies the allegations, was living in staff quarters at the palace until the death of Princess Margaret in February. He also has a home in Tunbridge Wells, Kent.

Mr Havlik, 50, is accused of acquiring and disposing of the model dhow, which was later found on sale in an antiques shop in Chelsea. He is also charged with receiving the other items from Mr Brown.

Princess Margaret is said to have refused to accept Mr Brown's offer to resign after he was charged with the thefts last year and insisted that he remain in her employment.

The prospect of a second trial of a servant with close links to senior members of the Royal Family so soon after the Burrell case is unlikely to be welcome in royal circles.