A judge has expressed “surprise” at Prince Harry’s absence from London’s High Court on Monday, in his case against Mirror Group Newspapers (MGN).
The Duke of Sussex is likely to begin giving evidence on Tuesday, his lawyers said, making him the first senior royal in 130 years to testify in court.
Harry is claiming that MGN journalists used unlawful methods to gather information, including phone hacking.
MGN denies phone hacking in this case, but previously admitted it took place.
At the start of the High Court hearing last month, the publisher of the Daily Mirror, Sunday Mirror and Sunday People admitted a private investigator had been instructed to unlawfully gather information relating to Prince Harry’s conduct in a nightclub in February 2004.
This incident does not form part of the duke’s claim for breach of privacy.
But David Sherborne, representing Harry and three other people, told the court on Monday the suggestion that there was only one instance of unlawful information gathering was “plainly implausible”, arguing it would have happened on “multiple occasions”.
He said “every facet” of his life was was splashed across the papers and it would have been “obvious” stories about his private life was driving sales for MGN.
He added Harry was subjected to unlawful information gathering activity “right from when he was a young boy at school” – the first of the alleged illegal articles dating from 1996 in the Daily Mirror.
The story claimed the late Princess Diana had spent only a short time with her son on his 12th birthday, and also detailed the young prince’s apparent concerns for the health of one of his father’s trusted gardeners.
Meanwhile, the judge, Mr Justice Fancourt, said he was a “little surprised” to hear the duke would not be attending court on Monday.
He added he had given an earlier direction that witnesses should be available on the first day of their individual case in case there was time to give evidence.
Andrew Green KC, representing MGN, accused Prince Harry’s side of “wasting time”, adding it was “absolutely extraordinary we were told just last week that he is not available for day one of his own trial”.
Mr Sherborne said the duke had flown in from Los Angeles after his daughter’s birthday, and added: “He is in a different category from the three other claimants due to his travel and security arrangements.”
He also criticised MGN for not calling certain witnesses, including journalists, to give evidence.
Nearly half of the public section of the court emptied after confirmation the duke would not be appearing on Monday.
At the heart of the case are 207 newspaper stories published between 1991 and 2011 – some 67% of which written about Harry.
Alongside the duke, Coronation Street actors Michael Turner – known professionally as Michael Le Vell – and Nikki Sanderson, as well as Fiona Wightman, the ex-wife of the comedian Paul Whitehouse, have also brought claims against the publisher.
The claimants argue senior executives must have known about unlawful information gathering behind these stories and failed to stop it, which MGN denies.
