Prince Harry has been ordered to explain the disappearance of potential evidence in his lawsuit against the publishers of The Sun, News Group Newspapers (NGN).
Attorney Anthony Hudson, representing NGN, accused the Duke of Sussex of destroying drafts of his 2023 memoir, “Spare,” and messages with the book’s ghostwriter, J.R. Moehringer.
Justice Fancourt highlighted “troubling evidence” that numerous relevant documents and confidential messages between Prince Harry and Moehringer were destroyed between 2021 and 2023, long after the claim was initiated.
The judge described the lack of documentation as “rather remarkable” and expressed “cause for concern.” He requested a witness statement from Prince Harry explaining the fate of the messages and efforts to retrieve them.
How did the accusations arise?
Prince Harry’s attorney, David Sherborne, accused NGN of conducting a “transparent, old-fashioned fishing expedition.”
Sherborne argued that Prince Harry had conducted extensive searches, exceeding his disclosure obligations. These efforts included a physical search of Harry’s California home, verifying the inaccessibility of old email addresses, and inquiring with the Royal Household about relevant documents.
Prince Harry is among several individuals suing NGN over alleged invasions of privacy by journalists and investigators from 1994 to 2016.
Some cases are expected to go to trial in January 2025. The Duke of Sussex is currently involved in four lawsuits against UK newspaper publishers, alleging phone hacking and other unlawful activities.
Earlier this year, Prince Harry lost his legal challenge to secure police protection in the UK. He had cited security concerns for his family, including his wife Meghan Markle and their children, Prince Archie and Princess Lilibet, as reasons for stepping back from royal duties and leaving the UK in 2020.
However, High Court judge Peter Lane upheld the UK government’s decision to deny automatic protection and downgrade his security.
