Queen steps forward to clear Burrell

The trial of Paul Burrell dramatically collapsed today with the former Royal butler found not guilty on all counts of theft.

He broke down into uncontrollable sobbing as he realised his two–year nightmare was over and he was a free man.

The trial came to a premature end because of the sudden involvement of the Queen and the Prince of Wales.

It emerged that Burrell had told the Queen that he had been keeping items belonging to Diana, Princess of Wales, for safe keeping.

After hearing submissions from the prosecution and defence, the judge Mrs Justice Rafferty instructed that Burrell was not guilty on all three counts of theft.

The dramatic development came on day 12 of the trial that was expected to last six weeks.

It emerged that the Queen only realised once the case had started that her evidence might be relevant.

She met the Duke of Edinburgh and the Prince of Wales last Friday and steps were then taken to bring the information to the attention of the police.

Prosecutor William Boyce QC told the Old Bailey: "The prosecution have formed the view that there would no longer be a realistic prospect of conviction in this case, and that therefore the only appropriate course is to offer no further evidence against Mr Burrell and to invite the court to direct that verdicts of 'not guilty' should be entered in this case."

In his statement to the court, Mr Boyce said: "It has been an important part of the prosecution case that there was no evidence that Mr Burrell informed anyone that he was holding any property belonging to the executors of Diana, Princess of Wales, the Prince of Wales or Prince William.

"That case has been opened twice before My Lady (the judge Mrs. Justice Rafferty) once before a jury which has been discharged and once before this jury – both openings have been fully reported.

"Further, prosecution witnesses have been examined in chief and cross–examined on the basis that the prosecution had no evidence to show that Mr Burrell had ever notified anyone that he was holding property belonging to the executors of Diana, Princess of Wales, the Prince of Wales or Prince William.

"On Monday this week the prosecution was informed by the police that during a private meeting with the Queen in the weeks following the death of Diana, Princess of Wales, Mr Burrell had mentioned to the Queen that he had taken some of the Princess's papers for safekeeping. No response was sought by Mr Burrell from the Queen and Her Majesty made no comment."

Mr Boyce said: "Mr Burrell had, through his solicitor, presented the police officers who interviewed him with a 39–page statement setting out his case in great detail and, once charged, had served upon the prosecution a detailed defence statement.

"He does refer in those documents to a private meeting with the Queen but he does not suggest that he informed Her Majesty that he was hold property for safekeeping.

"As a result neither the police nor the prosecution asked the Queen about this private meeting with Mr Burrell.

"Mr Burrell's defence statement in which a meeting is mentioned, was not drawn to the attention of either the Queen's or the Prince of Wales's Offices.

"The prosecution considers that there was no reason to do so. I am informed that because the Queen's personal property was not involved and because of concerns to avoid any suggestion that Buckingham Palace was trying to interfere with the investigation of this case the Queen was not briefed on the way in which the case against Mr Burrell was being prepared.

"Therefore Her Majesty had no means of knowing until after the trial had started of the relevance to the prosecution of the fact that Mr Burrell had mentioned to Her Majesty that he had taken items for safe keeping.

The extraordinary twist began at 10.55am in Court Number One when Mrs Justice Rafferty said she had no ruling to make regarding a prosecution application for public interest immunity.

She told Lord Carlile QC, for Burrell: "I'm sure you and Mr Boyce will have words to exchange."

There then followed a ten–minute adjournment.

Burrell left the dock with a blank look on his face but, when he reached Lord Carlile his composure collapsed and he fell into the QC's arms.

His gasps and sobs could be heard as he buried his head in Lord Carlile's shoulder.

Members of the press were asked to leave the courtroom.

Burrell immediately phoned his wife, Maria, on his mobile phone.

As Burrell left court he shook the hand of veteran American journalist Dominick Dunne and told him: "I'm thrilled, I'm so thrilled."

Buckingham Palace said: "The decision to drop the case against Mr Burrell was entirely a decision for the prosecution. As a prosecution statement to the court made clear this morning, the Queen was not briefed on either Mr Burrell's defence case or on the prosecution case against him."