Harry set to give evidence in hacking trial as judge rebukes him for first day no-show

6 June 2023, 07:31

Prince Harry is scheduled to give evidence on the second day of the phone hacking trial after the judge reproved him for his absence on the first day.

Prince Harry is set to divulge intimate details of his past romantic relationships prior to his marriage to Meghan, as he assumes the unprecedented role of the first senior royal to provide testimony in a court of law in over a century.

It comes after he was accused of wasting the court's time on Monday after he failed to show up for the first day of his trial against Mirror Group Newspapers (MGN).

The Duke of Sussex's no-show on Monday was due to his decision to stay in Los Angeles for his daughter's second birthday, the court heard.

It was a decision that reportedly caused difficulties for his legal team and left the judge "a little surprised" and seemingly annoyed.

The prince was originally expected to give his first day of evidence on Tuesday, but the judge asked him to be ready and in court on Monday in case lawyers finished their opening arguments sooner than anticipated.

But Harry's legal team told the court he will not appear until Tuesday when he is due to face cross-examination from MGN's barrister.

Speaking to Nick Ferrari at Breakfast on LBC on Tuesday morning ahead of the Duke's first day in court, media law consultant Ian Bloom said this was part of a mission by the prince.

"Harry starts on the naughty step today for missing yesterday's hearing completely, but he'll apologise and it won't really count against him in the end."

"Today is D-Day, and 79 years ago the Allied armada hit the Normandy beaches and the liberation of Europe began. What Harry's hoping is later this morning in the High Court he can begin the liberation of the people of Britain from, what he regards as, the tyranny of the tabloids."

The media law expert pointed out the case is set to last for "as long as Liz Truss's entire premiership."

Read more: 'No part of Prince Harry's life was safe': Press intrusion led to split with Chelsy Davy, hacking trial hears

Andrew Green KC, who will cross-examine Harry on behalf of MGN, said the prince not being "available for day one of his own trial” was "extraordinary".

He said he wished to have at least a day and a half to cross-examine the duke and was "deeply troubled" he would not be attending before Tuesday, which may lead to "wasted time" on Monday afternoon.

As it happened the prince's lawyer, David Sherbourne, ended up giving evidence for the majority of the day, meaning Harry would not have been given a chance to present evidence that day even if he had been in attendance.

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Legal consultant on Mirror Group hacking case

Making his opening arguments on Monday, Mr Sherbourne said Harry was "subjected to" unlawful information gathering activity "right from when he was a young boy at school", which continued through "the tragic death of his mother", his military training at Sandhurst and into adulthood.

It meant even the duke's school, family and friends were open to being covered, and his personal relationships were "too tempting" for the media, he added.

He said the royal's phone "would have been hacked on multiple occasions" and the level of intrusion meant that every part of Harry's then relationship with Chelsy Davy was picked up on by the media.

Mr Sherbourne said: "The ups and downs and ins and outs of their relationship, the beginning, the break-ups and finally the split between them were all revealed and picked apart by the three Mirror Group titles," adding this was "clearly driven by unlawful activity".

He said "no aspect of the young prince's life was safe" from press intrusion, and one aspect of his life was "too tempting and sold too many newspapers, and that is the personal relationships that he made".

There was "no time in his life when he was safe from this activity", he said, adding: "Nothing was sacrosanct or out of bounds and there was no protection from this unlawful information gathering."

Diana, Princess of Wales, was a "huge target" for Mirror Group Newspapers's titles, he claimed.

The lawyer also referenced letters between Diana and celebrity Michael Barrymore, which referred to meetings between the two.

In one of the letters Diana referred to being "devastated" to learn the "Daily Mirror" had called her office about him and their meetings.

Diana said she had not told anyone about the meetings. Mr Sherborne said: "We say it is plainly that the Daily Mirror has been listening to the voicemail messages and that is how they knew of the secret and highly sensitive meetings between Princess Diana and poor Mr Barrymore."

Speaking about one of the 33 Mirror articles being complained about, Mr Sherborne referenced one piece published in September 1996, "less than a year before the tragic death" of Diana, with the headline "Diana so sad on Harry's big day".

MGN, which publishes the Mirror, said this was not obtained through unlawful activity and was already in the public domain.

He said the article, which also reported on the ill-health of their family gardener, bore "tell-tale" details of information that had been unlawfully obtained.

Taking legal action against the publisher of the Daily Mirror, Harry alleges that he and his brother, the Prince of Wales, their late mother Diana, and their father the King, fell prey to illicit information-gathering methods.

The Duke holds newspapers accountable for inflicting "severe bouts of depression and paranoia" that ultimately contributed to the disintegration of his relationship with Chelsy Davy, 37, whom he encountered during her schooling days.

According to his claims, the intrusion by the media led Davy to conclude that a life within the royal family was unsuitable for her, a decision that proved deeply distressing for Harry at the time.

This lawsuit is one of six cases initiated by Harry against the British media and government. In March, he appeared at the High Court for a preliminary hearing regarding his separate claim against the Daily Mail's publisher.

This week, a conservative think-tank will argue in a Washington DC court that the US government should release Harry's immigration file due to revelations in his memoir, titled "Spare," concerning his past drug use.

Since quitting as a working member of the royal family, Harry, 38, currently lives in California with his wife, Meghan Markle, 41, and their children, four-year-old Archie and two-year-old Lilibet, who celebrated her second birthday on Sunday.

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The Duke alleges that he fell victim to voicemail hacking, "blagging," and inquiries conducted by private investigators.

He claims that approximately 140 articles published between 1996 and 2010 were based on information obtained through unlawful means. Thirty-three of these articles, with headlines such as "Harry's cocaine, Ecstasy and GHB parties," "Harry is a Chelsy fan," "Harry's girl 'to dump him'," and "He just loves boozing & army. She is fed up & is heading home," have been selected for consideration during the trial.

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Andrew Green, KC, informed the court that numerous stories published about the prince were derived from information disclosed by or on behalf of royal households or members of the royal family.

During the proceedings, Harry is anticipated to face questioning regarding his association with former Daily Mirror editor Piers Morgan, who allegedly plays a central role in the allegations of hacking and the use of private investigators.

The court was informed that Morgan engaged in "drinking sessions" with Mark Bolland, the King's spokesperson at the time. Morgan, 58, denies involvement in phone hacking and has criticized Harry for relentlessly and cynically intruding upon the royal family's privacy for substantial financial gain, while propagating falsehoods about them.

MGN has conceded that a private investigator was paid £75 by the Sunday People to gather information on Harry's conduct at Chinawhite, a prominent celebrity nightclub in London's Soho district, back in 2004.

MGN acknowledges Harry's entitlement to compensation but interestingly notes that he has not pursued a claim regarding the article in question.

The trial is being conducted at the Rolls Building, inaugurated by the late Queen in 2011.

The trial also includes representative cases involving Michael Turner, known for his portrayal of Kevin Webster, and Nikki Sanderson, who portrays Candice Stowe, both actors from the television series Coronation Street, as well as Fiona Wightman, the former wife of comedian Paul Whitehouse.

MGN maintains that its board members at the time had no knowledge of such activities and argues that there is either no evidence or insufficient evidence of voicemail interception in any of the four claims.