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Prince Harry Accuses Daily Mail Publisher of Systematic Unlawful Information Gathering in Court

BBC
January 19, 20263 days ago
Prince Harry v Daily Mail live: Publisher carried out 'systematic' unlawful information gathering, court hears

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Prince Harry's trial against the Daily Mail's publisher has begun, with his barrister alleging a "systematic and sustained use of unlawful information gathering." The court heard claims of private investigators being hired to obtain private details, including bank information and flight plans. The publisher, Associated Newspapers Limited, denies all allegations and will present its defense later in the proceedings.

What have we heard so far? Today, Prince Harry's long-awaited trial against the publishers of the Daily Mail has begun - and so far we've heard from his barrister, David Sherborne, whose opening statement has kick-started proceedings. Sherborne has used several examples to accuse Associated Newspapers Limited (ANL) of illegally gathering information, primarily through private investigators. Here's what we've heard this morning: Sherborne alleges there was evidence of "clear, systematic and sustained use of unlawful information gathering" at the Daily Mail and Mail on Sunday He's made multiple references to a private investigation agency known as ELI. The barrister accuses the Mail of using ELI find bank details, "intimate information", including the termination of Sadie Frost's pregnancy Sherborne alleges that one private investigator earned over $1m (£745,000) from the Daily Mail over 20 years gaining information in the US, and another voice actor and investigator earned £11,000 in one month He also accuses the Mail of using private investigators to find flight details, including the seat number, of Prince Harry's former girlfriend Chelsy Davy As a reminder, the Daily Mail's publishers have denied all wrongdoing and will be given opportunity to respond to the claims as the case progresses. Who is Prince Harry's lawyer, David Sherborne? In court so far, we've heard from barrister David Sherborne who is providing the claimants' opening submissions. These opening statements from the claimant and defendant can be very long – and so it may take several days to get through them both. This isn't Sherborne's first high-profile case. The media and privacy barrister represented many victims in the Leveson Inquiry, which examined the extent of phone hacking in the media. He's helped celebrities like Harry Styles and Amy Winehouse get injunctions against paparazzi and also represented Colleen Rooney in the high-profile "Wagatha Christie" trial. Sherborne represented Prince Harry in a case against the Sun newspaper's publishers. News Group Newspapers agreed to settle in January last year. Court takes a break for lunch Imogen James Reporting from the High Court After going through many private investigators, the claimants' lawyer says now is a good time for a lunch break. I can't help but agree. It has been an intense start. Prince Harry is among the first to leave court, walking right past me and flanked by a legal team as he does. We'll be back at 14:00 GMT. Court hears about story involving Harry's former girlfriend Chelsy Davy Imogen James Reporting from the High Court We are now hearing about Prince Harry's former girlfriend, Chelsy Davy. Sherborne shows an email which includes information about a flight she took in 2007. It shows her seat number, flight times and travel plans. It's alleged Daily Mail royal editor Rebecca English used the services of investigator Mike Behr to obtain this information. Sherborne claims there is no way anyone reading this could have thought the information obtained was done so legally. A later email exchange is then shown between English and Behr from 2013. In it, Behr shares the flight details of Prince Harry. English acknowledges this, and Sherborne says "she knows perfectly well what he's doing", referring to the alleged blagging by Behr. Sherborne notes that Prince Harry travelled using a pseudonym. This would make it much harder to find any information about his travel plans. English then names Prince Harry's protection officer. Behr replies with the details of the flight, showing the number and times. Alleged use of material from Sadie Frost's voicemail Imogen James Reporting from the High Court Sherborne is continuing through his list of private investigators he says were used by Associated Newspapers Limited. In short, he brings them up, gives an example of a story that he says uses unlawfully gathered information, and then often shows either the investigators witness statement, or an invoice, which appears to show payments to these investigators from ANL journalists. We've just heard about Glenn Mulcaire. Sherborne shows material, which appears to show Mulcaire sourced material from Sadie Frost's voicemail. It alleges this was passed on to News of the World journalist Greg Miskiw, who passed it on to Chris Anderson at the Mail on Sunday. Lawyer claims Associated papers used 'well-known blagger' Imogen James Reporting from the High Court The next private investigator discussed by David Sherborne is Christine Hart, described in court documents as a "well-known blagger". Sherborne says there is evidence ANL paid Christine Hart between 1998 and 2018. He says there were payments made in mid-September 1998 in relation to an article about Oasis singer Liam Gallagher's divorce from Patsy Kensit. Sherborne alleges Hart is "directly" linked to several articles that he claims used information gathered unlawfully. Hart is a main figure in the case brought by Baroness Doreen Lawrence, Sherborne says. He alleges one incident where she pretended to be a journalist from the Guardian, as it was believed Baroness Lawrence would be more likely to speak to her in that case. Harry's team allege 14 articles used unlawfully gathered information Sean Coughlan Royal correspondent There are 14 articles that Prince Harry will allege used unlawfully gathered information, including using private investigators, which were published by Associated publications between 2001 and 2013, according to court documents. Among them is a claim that an article was based on intrusion into a conversation between Prince Harry and his brother Prince William over a memorial for their mother and the planned involvement of Sir Elton John in the project. There is also a claim that a story about photos of Diana, Princess of Wales, taken in the wake of her fatal car crash, used information gathered unlawfully from a "private and intimate" conversations between Prince Harry and Prince William. Many of these allegations involve articles about his personal relationships, including with Chelsy Davy. This includes allegations about finding Davy's exact flight details and seat number on a journey to South Africa. Associated Newspapers is rejecting all the allegations of using unlawful information and its legal teams will say there are legitimate explanations for all of the disputed articles. The newspaper group will also argue Prince Harry's claims should be barred as out of time and will challenge the suggestion Harry didn't realise until 2020 that he should investigate the possibility of illegal information gathering by Associated Newspapers. Investigator's 'specialism was blagging', court hears Imogen James Reporting from the High Court David Sherborne now brings up Jonathan Stafford, a voice actor and private investigator used by Associated Newspapers Limited. Stafford was "plainly" getting information by blagging, Sherborne alleges, calling it his "specialism". He worked for the features department, and the news desk, Sherborne sets out. To give an example of how prolifically Sherborne says Stafford was used, he shows the court an example where one months' work was billed at £11,000. 'Detective Danno' allegedly passed on US social security numbers Imogen James Reporting from the High Court We move onto another private investigator now - Daniel Portley-Hanks, or 'Detective Danno'. He says he received over $1m (£745,000) from the Daily Mail after more than 20 years of work for them. Hanks was based in the US. He says he gained information such as social security numbers, which were then passed around between journalists. These are similar to the UK's national insurance numbers. David Sherborne raises an article written about the relationship between Yoko Ono and her daughter. The social security number of Yoko Ono, her daughter and son were all allegedly provided by Hanks. Sherborne says Daily Mail journalist Sharon Churcher frequently used Hanks, and that the provision of social security numbers means, he alleges, it must have been known the information was unlawful. Investigator asked to track down celebrity owners of vehicles, court hears Imogen James Reporting from the High Court David Dillon, Mail on Sunday News Desk executive, is now the subject of David Sherborne's opening argument. He is alleging that Dillon approved invoices which were for private investigator Steve Whittamore, after journalists asked him to track down the celebrity owners of various vehicles. This would be done by giving the registration plate for a vehicle to Whittamore, who would then identify the owner. Dillon also commissioned Whittamore, the investigator's evidence says. Whittamore also says people using him knew he sourced the information through what he calls the "dark arts". Focus on blagging calls Imogen James Reporting from the High Court David Sherborne is now talking about blagging calls. This is when someone impersonates another person, to gain information about them that is private. He speaks about private investigator Steve Whittamore, who has submitted evidence that he practised phone blagging. Sherborne says Whittamore has claimed it would have been known by those employing him that he was gaining information unlawfully. He points to evidence, in the form of invoices, which shows the proof of blagging is "expressly there". Well after private investigator Steve Whittamore was convicted of breaching information laws, ANL remained his "best customers", until 2007, Sherborne alleges. For context, Whittamore was convicted in 2005 after an investigation during which all his records and payment invoices were seized. An intense morning as court returns from short break Imogen James Reporting from the High Court The court has just taken a short break. It's been all systems go this morning. The court room is packed, with celebrities, lawyers and the press. There was a long queue as us journalists tried to get a seat in the main room. I have just moved from the also very busy overflow room. We've been listening to the claimants lawyer David Sherborne lay out his case against Associated Newspapers Limited. Sherborne is continuing his case after the break. Behind him sit Sadie Frost, Prince Harry, Sir Simon Hughes and Elizabeth Hurley. Prince Harry is reading along as his lawyer speaks. This is just the start - statement alone stretches to 180 pages Tom Symonds Reporting from the High Court The opening statement document accuses the current Royal Editor of the Daily Mail Rebecca English of "obtaining the exact plane seats, flight times and travel plans of Chelsy Davy, Prince Harry’s ex-girlfriend, in December 2007". This, the document says, can only have been unlawfully obtained through Mike Behr, a private investigator. Another journalist accused is Stephen Wright, a veteran Daily Mail crime correspondent. "He appears on invoice records of Christine Hart, a well-known blagger, as well as making payments of thousands in cash for 'special contacts re Stephen Lawrence' and 'special inquiries'." This is a reference to the claims of Baroness Doreen Lawrence that the paper targeted her during a period when it was supporting her campaign for justice for Stephen Lawrence. These are among journalists accused in the opening pages of the claimant's case statement. It's worth noting that this is only the start of the case - this document alone stretches to 180 pages. The Daily Mail's publishers have denied all wrongdoing and will be given opportunity to respond to the claims as the case progresses. Daily Mail journalists 'wrecked the lives of so many' - opening statement Tom Symonds Reporting from the High Court The claimants' opening statement accuses a string of senior Mail and Mail on Sunday journalists of commissioning unlawfully gathered information from private investigators. In a court document, they say "journalists and executives across the Mail titles engaged in or were complicit in the culture of unlawful information gathering that wrecked the lives of so many." The document claims that Katie Nicholl, now a well-known journalist commenting and reporting on the royal family, had commissioned an "infamous" private investigation firm variously known variously as ELI, TDI and BDI, to get "intimate information" about actor Sadie Frost Law’s private life. This, the document says, included the termination of her pregnancy, something she hadn't even told her mother about. The journalist was operating a "hotbed of unlawful information gathering" the claimants allege. A Managing Editor John Wellington "signed off hundreds of invoices for work that bear the hallmarks of unlawful information gathering", including for the "indisputable voicemail interception of Sadie Frost Law and Sir Simon Hughes", a former Liberal Democrat Minister, the opening statement says. What is ELI/TDI/BDI? Imogen James Reporting from the High Court We're hearing a lot of references today about the private investigation agency that lawyer David Sherborne is referring to as ELI. It has had multiple names over the years, hence all of the acronyms. It was run by Susie Mallis and Lloyd Hart. It was known as Express Locate International, Trace Direct International and BDI. It is Sherborne's case that the agency committed unlawful information gathering, and was used by several Daily Mail journalists. Lawyer tells court of 'multiple invoices' to investigation agency Imogen James Reporting from the High Court David Sherborne now moves onto Stephen Wright, from the Daily Mail, a key figure in the case brought by Baroness Doreen Lawrence. He brings up an article about Ronnie Barker's death, and his family. In the article, it reveals private information about how much money was in the bank account of his son Adam Barker at the time. "This detailed financial information, we say, was obtained by Mr Wright using ELI," Sherborne continues. This isn't the only example of Wright using the agency to obtain unlawful information, he alleges. Sherborne says Wright is also directly linked to multiple invoices to ELI, surrounding stories about Richard Cazaly and his family. Cazaly was the prime suspect in the stabbing of Abigail Witchalls in 2005. He later committed suicide. Investigation agency allegedly used to obtain bank details Imogen James Reporting from the High Court David Sherborne moves onto journalist for Daily Mail, Sam Greenhill. He points to an email sent by Greenhill to his superior Gordon Rayner in October 2005. The subject line is Sally Anderson, and Greenhill sets out a timeline of pursuing a story. Greenhill, in the email, refers to information about Anderson gained "by means of a blag call". Greenhill also obtained flight information, which Sherborne claims he could not have done legally. "Either way, ELI were used to obtain the bank account details" of Anderson, Sherborne alleges. This was a specialism of ELI [a private investigation agency], he says. Harry lawyer tells court of ANL's alleged use of private investigation firm Imogen James Reporting from the High Court We move on now to the private investigation agency known as ELI. Sherborne says ELI, run by Susie Mallis and Lloyd Hart, was used frequently by ANL. From April 2007, it appears on a list of companies that Associated are forbidden to use. Surviving ANL records show repeated payments to ELI with titles such as "URGENT" and "TRACE", Sherborne continues. He says in Mail on Sunday journalist Katie Nicholl's own notes, she wrote down intimate information about actress Sadie Frost, including the termination of her pregnancy. The notebooks show "Susie", of ELI, provided information on the point and days later payments are recorded titled "KATIE NICHOLLS URGENT ENQ" and "K NICHOLLS SEARCHES", he adds. What we've heard so far Tom Symonds Reporting from the High Court A barrister for Prince Harry and six other well known people has accused the publisher of the Daily Mail and Mail on Sunday of falsely denying its journalists used unlawful techniques to source stories. In opening submissions at the High Court, David Sherborne said that Associated Newspapers Limited had kept up a "hear no evil see no evil speak no evil defence", claiming at the Leveson public inquiry in 2012 that there had been no unlawful activity at all. He said his clients would prove that there was "clear, systematic and sustained use of unlawful information gathering at both the Daily Mail and Mail on Sunday" during a 20 year period. He said any success on the part of Prince Harry and the other six claimants in this case would be a "catastrophe" for the publisher because of its blanket denials He said ANL "knew they had skeletons in their closet" because the company investigated the use phone hacking between 2003 and 2005, finding evidence in stories the technique had been used. This followed a complaint by Baroness Luciana Berger to the police following stories relating to a relationship between her and Euan Blair, Tony Blair's son. The court heard ANL has revealed in disclosure to this trial that a journalist, Lee Harpin, described by Sherborne as the "dauphin of phone hacking", had sourced 22 stories for Katie Nicholl, then a royal correspondent at the Daily Mail. The case will continue until March - stick with us as we bring you more updates from the first day in court. Harry lawyer: 'Masses upon masses' of missing documents Imogen James Reporting from the High Court Barrister David Sherborne, for the claimants, tells the court there is "no way" some of the details reported in articles published by ANL could have been lawfully obtained. He says some of the information shared about his clients include private phone numbers, flight tracking details and travel plans. There has been "mass destruction" of any pre-2004 emails, he alleges. "In short, there are masses upon masses" of missing documents, he continues.

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    Prince Harry v Daily Mail: Court Hears Unlawful Gathering Claims