Media told secrecy in Burrell case is to protect princes

Sections of evidence presented to the trial of Paul Burrell must be withheld from journalists and the public to protect princes William and Harry, the judge hearing the case ruled yesterday.

Mrs Justice Rafferty said she believed the interests of justice in the case against the former butler to Diana, Princess of Wales, included not only those of Mr Burrell but also those of the princes.

The decision came as the trial of the royal worker, who is accused of stealing nearly 300 items from the Princess after her death, was restarted at the Old Bailey after the original jury was discharged for legal reasons that cannot be reported. The judge was responding to a complaint from broadcasters and national newspapers, including The Independent, that potentially vital evidence had not been read in open court.

Jonathan Caplan QC, acting for the media, pointed to the principle of open justice and said paragraphs from a statement by Mr Burrell, 44, to police had deliberately not been read aloud by the prosecution. Instead, members of the original jury were asked to read the relevant paragraphs themselves, apparently with the agreement of the defence and prosecution teams.

In his statement Mr Burrell, who denies three counts of theft from the Princess, the Prince of Wales and Prince William, said that a crucial element of his defence was the special nature of his relationship with his former employer.

Immediately before the passage withheld from open court, Mr Burrell stated he would give examples of the relationship "on the strict understanding" that they would only apply to the investigation into the collection of royal belongings found in his home.

Mrs Justice Rafferty, who rejected the media's complaint, said: "The interests of justice in this singular case encompass those not only of Paul Burrell and the jury having all possible assistance in trying him, but also those of the two young princes."

She made no formal order in relation to the media's application and said she welcomed reporting of her remarks about the princes.

The case is expected to last up to six weeks.