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Prince Harry accused of 'destroying' evidence in High Court case – details
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Prince Harry in a suit looking down© Max Mumby/Indigo

Prince Harry accused of 'destroying' evidence in High Court case – details

The Duke of Sussex was involved in a High Court case against the publishers of the Sun

Matthew Moore
Online News Writer & Diversity and Inclusion Lead
2 days ago
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Prince Harry has been accused in a hearing of "deliberately destroying" evidence in his High Court case against the publishers of The Sun newspaper, News Group Newspapers.

The publishers are seeking the release of texts, WhatsApp messages and emails that the Duke of Sussex exchanged with the King's private secretary, Sir Clive Alderton, keeper of the Privy Seal, Sir Michael Stevens, and the ghostwriter of his memoir, JR Moehringer. However, David Sherborne, who represents the Duke, said the requests were just a "fishing expedition".

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Harry has been accused of destroying these pieces of evidence, with his representatives telling a hearing that the royal and JR communicated over Signal for the book and their chat history was wiped prior to the book's publication in January 2023.

Hotmail addresses that had been used by Harry in 2014 are also no longer accessible. Two email accounts have been searched for the 55 key terms requested by NGN.

Prince Harry holding a microphone© John Lamparski
The royal was accused of 'destroying' evidence for the case

Anthony Hudson KC, who represents NGN, claimed the Duke and his legal team were "trying to create an obstacle course".

In a pre-trial hearing he said: "There ought to be proper evidence about this. Those messages are clearly within his control, even if they have been deleted. That's why we say the search for texts and WhatsApps is important.

Prince Harry in a white outfit at a polo match© Foto24
The Duke and 40 other individuals brought the case against the publishers of the Sun

"It is, I'm afraid we say, another example of the obfuscation in relation to the claimant's case. We say it's shocking and extraordinary that the claimant has deliberately destroyed…"

He was then interrupted by the judge, Mr Justice Fancourt who said it wasn't "clear" what happened with the messages.

Prince Harry's lawyer David Sherborne© Getty
Prince Harry's barrister, David Sherborne

Countering Mr Hudson, Mr Sherborne said claims the Duke "dragged his feet, had to be dragged kicking and screaming, had set up some kind of obstacle course" was incorrect. He added that only "a handful" of the 35,000 emails searched were "relevant".

The trial came about after Harry and 40 other individuals sued NGN over alleged unlawful information-gathering and invasion of privacy. A trial date for the case has been set for January.

prince harry leaving court© Getty Images
The case will go to trial next January

The case has been raging for several months and the Duke has experienced highs and lows in his legal journey.

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Last month, Mr Justice Fancourt dismissed new claims against the group's former owner, Rupert Murdoch, saying they added "nothing material", but said some other amendments could be made.

Prince Harry's High Court cases

The Duke of Sussex is involved in five cases at the High Court.

1.  Unlawful information-gathering claim against Mirror Group Newspapers (MGN)

Harry brought a case against Mirror Group Newspapers (MGN), claiming journalists at its titles – the Daily and Sunday Mirror and Sunday People – were linked to methods including phone hacking, so-called “blagging” or gaining information by deception, and use of private investigators for unlawful activities.

MGN largely contested the claims and denied that any newspaper articles complained of resulted from phone hacking, while contending that the vast majority did not arise from any other unlawful activity.

2. Unlawful information-gathering allegations against Associated Newspapers Ltd (ANL)

Harry is one of seven high-profile people, including Sir Elton John and Baroness Lawrence of Clarendon, bringing legal action against the publisher of the Daily Mail over allegations it carried out or commissioned unlawful information-gathering. At a preliminary hearing in March, the publisher asked a judge to rule in its favour without a trial, arguing the legal challenges against it were brought “far too late”.

Mr Justice Nicklin ruled in November that the publisher had failed to deliver a “knockout blow” to the early stage legal challenges, allowing them to continue.

Harry's lawyers are planning to ask ministers for permission to use confidential documents from the Leveson Inquiry into press standards after the judge ruled they could not be used while restrictions were in place.

3. Allegations of unlawful information-gathering at News Group Newspapers (NGN)

Harry and actor Hugh Grant are suing NGN, publisher of The Sun and the now-defunct News Of The World, over alleged unlawful information-gathering.

The duke alleges he was targeted by journalists and private investigators working for the papers.

Mr Justice Fancourt later ruled that Harry and the actor’s claims could go to trial, except for any allegations relating to phone hacking.

The judge also refused to allow the duke to rely on an alleged “secret agreement” between the royal family and senior executives working for media mogul Rupert Murdoch as part of his claim.

Harry’s claim is currently set to go to trial in January 2025.

4. Libel claim over Mail on Sunday article on Home Office legal battle

Harry is also suing Associated Newspapers Limited (ANL) over a February 2022 Mail on Sunday article about his legal fight with the Home Office.

5. Challenge against the Home Office over UK security arrangements

The Duke’s lawyers are challenging the February 2020 decision of the Executive Committee for the Protection of Royalty and Public Figures (Ravec) to change the degree of his publicly funded security, arguing it was “unlawful and unfair”.

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