Prince Harry has been ordered by a High Court judge to clarify the reasons behind the deletion of communications with the ghostwriter of his memoir, “Spare.” This directive comes amid his ongoing legal battle against News Group Newspapers (NGN), the publisher of The Sun, over allegations of unlawful information gathering. The case, which is set for trial in January, has taken a significant turn with this latest development.
Judge Timothy Fancourt expressed concern over the destruction of all communications between Prince Harry and his ghostwriter, J.R. Moehringer, as well as all drafts of the memoir. The judge described the situation as “troubling” and emphasized the need for a detailed explanation from Harry regarding the deletion of these potentially crucial documents.
Anthony Hudson, an attorney representing The Sun, accused Prince Harry of creating an “obstacle course” to hinder the disclosure of documents that should be made available in litigation. Hudson argued that Harry’s actions amounted to “shocking” obfuscation, suggesting that the prince had to be forced “kicking and screaming” to comply with the disclosure process.
In response, Harry’s lawyer, David Sherborne, dismissed these allegations as a “classic fishing expedition.” Sherborne argued that NGN’s approach to disclosure was tactical and sluggish, undermining their sensational claims that Harry had not properly conducted the disclosure exercise. He maintained that Harry had gone above and beyond his obligations in searching for relevant documents.
The legal battle is part of a broader conflict between Prince Harry and several British tabloids, including The Sun, over allegations of phone hacking and other unlawful information-gathering practices. Harry is one of many claimants, including actor Hugh Grant, who allege that between 1994 and 2016, journalists and private investigators hired by NGN violated their privacy through various illegal means.
The litigation stems from a phone hacking scandal that erupted in 2011, leading to the closure of NGN’s News of the World. While NGN has issued an unreserved apology to victims of voicemail interception by the News of the World and settled 1,300 claims, The Sun has never accepted liability.
Last year, The Sun won a partial victory when Judge Fancourt dismissed Harry’s phone hacking allegations on the grounds that he had waited too long to bring the case. The judge ruled that Harry should have been aware of the scandal and could have filed the lawsuit within the six-year time limitation.
NGN is now seeking to use the time limitation defense at trial, arguing that communications could show Harry was aware of the allegations before 2013, six years before he sued in 2019. Fancourt noted that older communications, even those up to the 2023 publication of “Spare,” could provide evidence that Harry was aware of unlawful information gathering years earlier.
The judge ordered Harry to provide a witness statement explaining what happened to the communications with Moehringer. Sherborne contended that Harry had not used text or messaging apps to discuss unlawful information gathering. However, Fancourt pointed out that Moehringer had written in a New Yorker article that he and Harry were “texting around the clock,” potentially contradicting Sherborne’s claim.
Fancourt also ruled that Harry could not expand his lawsuit to include allegations that Rupert Murdoch, the former chief executive of the company controlling NGN, was part of an effort to conceal and destroy evidence of unlawful activity.
In addition to explaining the deletion of communications, Harry has been instructed to attempt to retrieve the deleted Signal messages and to search through his other texts, WhatsApp messages, and emails from 2005 to January 2023 for relevant documents. The judge expressed “real concern” that the majority of searches for relevant documents had been conducted by Harry himself in California, rather than by his solicitors.
The judge emphasized that it was not appropriate for Harry to personally handle the searches and assessment of relevance in a case of this nature. He ordered renewed searches to be carried out by Harry’s lawyers and instructed Harry to write to his former lawyers at Harbottle & Lewis to request further documents for possible disclosure.
Two of King Charles’ top aides, Sir Clive Alderton and Sir Michael Stevens, have also been drawn into the legal battle. Harry has been instructed to write to them to request documents that may be relevant to the case.
Sherborne resisted the disclosure argument, calling it a “classic fishing exercise.” He argued that the autobiography “Spare” was written in hindsight and was not evidence of Harry’s “contemporary” state of knowledge. He also pointed out that NGN had previously deleted “millions of emails” to hide incriminating evidence, accusing the publisher of hypocrisy.
The judge granted NGN’s request for Harry’s lawyers to write to his former solicitors and royal household members to request communication records concerning the duke. Harry was also ordered to make an interim payment of £60,000 in legal costs to NGN after a ruling largely in favor of the publisher.
As the trial date approaches, the focus will be on Prince Harry’s explanation for the deletion of communications with his ghostwriter and the potential impact of these missing documents on his case against NGN.
Source: Associated Press, The Guardian, The Independent
