LONDON — A broken thumb, a back injury, dabbling with drugs and dating girls.
No event in the life of a young Prince Harry was too trivial or private for the journalists of Mirror Group Newspapers to resist, and the demand for such scoops led to the use of illegal means to dig up dirt, his lawyer said Monday in the opening of his phone hacking lawsuit.
“Nothing was sacrosanct or out of bounds and there was no protection from these unlawful information-gathering methods,” attorney David Sherborne said.
David Sherborne, Prince Harry's lead lawyer, arrives Monday at the High Court in London.
But a defense lawyer said it would have been foolish to spy on a figure like Harry with such tight security, and he rejected allegations that Mirror Group reporters ever eavesdropped on his phone's voice messages.
"There is simply no evidence capable of supporting the finding that the Duke of Sussex was hacked, let alone on a habitual basis,” attorney Anthony Green said. “Zilch, zero, nil, nada, niente, nothing.”
Harry's highly anticipated showdown with the publisher of the Daily Mirror in his battles with the British press got off to an anticlimactic start when the star failed to show up — to the chagrin of the judge and defense lawyer.
Harry was unavailable to testify that afternoon because he’d taken a flight Sunday from Los Angeles after the birthday of his 2-year-old daughter, Lilibet, Sherborne said.
“I’m a little surprised,” said Justice Timothy Fancourt, noting he had directed Harry to be prepared to testify.
Britain's Prince Harry arrives at the Royal Courts Of Justice in London on March 28.
Green said he was “deeply troubled” by Harry’s absence.
The case against Mirror Group is the first of the prince’s several lawsuits against the media to go to trial, and one of three alleging tabloid publishers unlawfully snooped on him in their cutthroat competition for scoops on the royal family.
When he enters the witness box, Harry, 38, will be the first member of the British royal family in more than a century to testify in court. He is expected to describe his anguish and anger over being hounded by the media throughout his life, and its impact on those around him.
Harry’s fury at the U.K. press — and sometimes at his own royal relatives for what he sees as their collusion with the media — runs through his memoir, “Spare,” and interviews conducted by Oprah Winfrey and others.
He has blamed paparazzi for causing the car crash that killed his mother, Princess Diana, and said harassment and intrusion by the U.K. press, including allegedly racist articles, led him and his wife, Meghan, to flee to the U.S. in 2020 and leave royal life behind.
While Harry’s memoir and other recent media ventures have been an effort to reclaim his life's narrative, which had largely been shaped by the media, he will have no such control when he faces cross-examination in a courtroom full of reporters taking down every word.
Green said he plans to question the Duke for a day and a half.
Stories about Harry were big sellers for the newspapers, and some 2,500 articles had covered all facets of his life during the time period of the case — 1996 to 2011 — from injuries at school to experimenting with marijuana and cocaine to the ups and downs with girlfriends, Sherborne said.
Harry said in court documents that he suffered “huge bouts of depression and paranoia” over concerns friends and associates were betraying him by leaking information to the newspapers. Relationships fell apart as the women in his life — and even their family members — were “dragged into the chaos.”
He says he later realized the source wasn’t disloyal friends but aggressive journalists and the private investigators they hired to eavesdrop on voicemails and track him to locations as remote as Argentina and an island off Mozambique.
Sherborne suggested that a 2003 article about row with older brother, Prince William, heir to the throne, about confronting their mother's former butler about spilling secrets, had planted the seeds of discord between the two.
Prince Harry and Meghan Markle, Duke and Duchess of Sussex, leave after a June 3 service of thanksgiving for the reign of Queen Elizabeth at St. Paul's Cathedral in London.
“Brothers can sometimes disagree,” Sherborne said. “But once it is made public in this way and their inside feelings revealed in the way that they are, trust begins to be eroded."
Mirror Group said it used documents, public statements and sources to legally report on the prince — with one exception.
The publisher admitted and apologized for hiring a private eye to dig up dirt on one of Harry's nights out at a bar, but the resulting 2004 article headlined “Sex on the beach with Harry" is not among the 33 in the trial.
Sherborne, however, said phone hacking and unlawful information-gathering were carried out on such a widespread scale by Mirror Group that it was implausible it was only used once against Harry.
In the absence of concrete evidence, Sherborne said the judge to make inferences of skullduggery based on the type of information being reported, the murkiness of the sourcing, and whether the writer of an article was known to have relied on unlawful means in the past.
Hacking that involved guessing or using default security codes to listen to celebrities’ cellphone voice messages was widespread at British tabloids in the early years of this century. It became an existential crisis for the industry after the revelation in 2011 that the News of the World had hacked the phone of a slain 13-year-old girl.
Owner Rupert Murdoch shut down the paper and several of his executives faced criminal trials.
Mirror Group has paid more than $125 million to settle hundreds of unlawful information-gathering claims, and printed an apology to phone hacking victims in 2015.
Judges are deciding whether Harry’s two other phone hacking cases will proceed to trial.
Murdoch’s News Group Newspapers, publisher of The Sun, and Associated Newspapers Ltd., which owns the Daily Mail and Mail on Sunday, have argued the cases should be thrown out, because Harry failed to file the lawsuits within a six-year deadline.
Harry’s lawyer has argued that he should be granted an exception to the time limit, because the publishers lied and deceived to hide the illegal actions.
Photos: William and Harry through the years
Windsor
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Princess Diana of Wales smiles as she sits with her sons, Princes Harry, front, and William, on the steps of the Royal Palace on the island of Majorca, Spain, Aug. 9, 1987, where the British Royal family is on holiday with the Spanish King Juan Carlos and his family. (AP Photo/John Redman)
Britain Royal Family 1989
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Britain's Prince Charles and Princess Diana and their sons, Princes William, right, and Harry begin a cycle ride, June 1, 1989, around the island of Tresco, one of the Scilly Isles. The royal family was vacationing in the islands, located off the southwest tip of Britain. (AP Photo)
London British Royals
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Prince Harry, left, and prince William line up with their father, Prince Charles, in the classic Windsor stance with their hands behind their backs, at Kensington Palace, London, on June 29, 1989. They were waiting for Queen Beatrix of the Netherlands to arrive for a military Beating of the Retreat parade. (AP Photo/Kemp)
Britain Prince Charles
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FILE - In this Friday, Sept. 5, 1997 file photo Britain's Prince Charles, right, accompanies his sons Prince William, left and Prince Harry after they arrived at Kensington Palace to view tributes left in memory of their mother Princess Diana in London. Prince Charles is sandwiched between generations, caught between his mother, a symbol of dignity and continuity who has reigned since 1952, and his two immensely popular sons, Prince William and Prince Harry, who have along with their wives come to symbolize the future of the world’s best known monarchy. (AP Photo/David Brauchli, File)
Britain Obit Prince Philip
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FILE - In this Sept. 6, 1997 file photo, from left, Britain's Prince Philip, Prince William, Earl Spencer, Prince Harry and Prince Charles walk outside Westminster Abbey during the funeral procession for Diana, Princess of Wales. Buckingham Palace officials say Prince Philip, the husband of Queen Elizabeth II, has died, it was announced on Friday, April 9, 2021. He was 99. Philip spent a month in hospital earlier this year before being released on March 16 to return to Windsor Castle. Philip, also known as the Duke of Edinburgh, married Elizabeth in 1947 and was the longest-serving consort in British history. (AP Photo/Jeff J. Mitchell, Pool, File)
Britain Royal Wedding
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FILE - In this Monday, June 3, 2002 file photo, Britain's Prince William and Prince Harry enjoy the Party at the Palace concert in the gardens of Buckingham Palace, London, as the second concert to commemorate the Golden Jubilee of Britain's Queen Elizabeth II. Britain's royal officials said Thursday April 26, 2018, Prince Harry has asked elder brother Prince William to be best man at his wedding when he marries U.S. actress Meghan Markle at Windsor Castle on May 19. (AP Photo/Arthur Edwards/Pool)
Britain Royal Wedding
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FILE - In this Wednesday April 12, 2006 file photo, Britain's Prince William, left, and Prince Harry attend The Sovereign's Parade at the Royal Military Academy at Sandhurst, England. Britain's royal officials said Thursday April 26, 2018, Prince Harry has asked elder brother Prince William to be best man at his wedding when he marries U.S. actress Meghan Markle at Windsor Castle on May 19. (AP Photo/Lefteris Pitarakis, File)
Prince William, Prince Harry
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FILE - In this June 18, 2009 file photo, Britain's Prince William, left, and Prince Harry pose during a photocall at the Royal Air Force base at Shawbury, England. Military service is a tradition for the men of Britain's royal family, but combat has been off-limits for the next in line of succession. (AP Photo/Kirsty Wigglesworth, File)
BRITAIN ROYAL DIANA
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Britain's Princes William, left, and Harry talk together at the opening of a fountain built in memory of their mother, the late Princess of Wales, in London's Hyde Park, Tuesday July 6, 2004. The 3.6 pound million creation at the side of the Serpentine has been surrounded by controversy - facing delays and over-running its budget by 600,000 pound. The Princess died in a car crash in Paris in August 1997.(AP Photo/Arthur Edwards, The Sun, pool)
SPORT RELIEF 19
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Prince William, left, and his brother Prince Harry, pose with young particpants before taking part in the Sport Relief London Mile, Saturday July 10, 2004. Prince Harry was prevented from running by an injured knee in training. More than 70,000 people in Britain have signed up to run a mile for charity at 144 official events to raise money to tackle poverty and help disadvantaged people in the UK and abroad in an event organised by Comic Relief and BBC Sport. A five hour television special featuring stars of sport and screen will also air Saturday.. (AP Photo/ Andrew Parsons, Pool)
BRITAIN TSUNAMI MATCH
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Prince Harry Prince William
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Britain's Prince William, right, and Prince Harry pose for photographers on the eve of the start of the Enduro Africa charity ride in Port Edward, South Africa, Friday Oct. 17, 2008. The two heirs to the British throne will compete in the week long motorcycle challenge, and will raise money for UNICEF, the Nelson Mandela Children’s Fund and the charity Sentebale, supporting orphans and vulnerable children in Lesotho, founded by Prince Harry. (AP Photo/Jerome Delay, pool)
Britain Royal Wedding
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FILE - In this Tuesday, June 15, 2010 file photo, Britain's Princes William, right and Prince Harry pose with an African Rock Python at the Mokolodi nature reserve near Gaborone, Botswana. Britain's royal officials said Thursday April 26, 2018, Prince Harry has asked elder brother Prince William to be best man at his wedding when he marries U.S. actress Meghan Markle at Windsor Castle on May 19.(AP Photo/Shayne Robinson, File)
Prince William, Prince Harry, Prince Charles
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APTOPIX Britain Royal Wedding
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Britain's Prince William, left, and his best man Britain's Prince Harry arrive at Westminster Abbey at the Royal Wedding in London Friday, April, 29, 2011. (AP Photo/Alastair Grant)
Britain Prince Philip
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FILE - In this Sunday Nov. 8, 2015 file photo, Britain's Prince William, right, and Prince Harry attend the Remembrance Sunday ceremony at the Cenotaph in London. Senior royals must wear civilian clothes to Prince Philip’s funeral, defusing potential tensions over who would be allowed to don military uniforms. Queen Elizabeth II's decision means Prince Harry won’t risk being the only member of the royal family not in uniform during the funeral on Saturday April 17, 2021 for his grandfather, who died last week at the age of 99. (AP Photo/Kirsty Wigglesworth, File)
Britain Prince Philip Harry and William
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FILE - In this file photo dated Friday, May 18, 2018, Britain's Prince William, right, and Prince Harry return to Windsor Castle after greeting crowds in Windsor, England. Prince Harry will attend the funeral for Prince Philip on Saturday April 17, and many observers believe that the funeral will provide an ideal opportunity for “The Firm” to show a united front to the world and for the brothers to smooth over tensions.(AP Photo/Frank Augstein, FILE)
Britain Prince Philip Harry and William
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FILE - In this file photo dated Tuesday, July 10, 2018, Britain's Queen Elizabeth II, and from left, Meghan the Duchess of Sussex, Prince Harry, Prince William and Kate the Duchess of Cambridge, watch as Royal Air Force aircraft pass over Buckingham Palace in London. Prince Harry will attend the funeral for Prince Philip on Saturday April 17, the first time that Harry will come face to face with the royal family since he and his wife Meghan, the Duchess of Sussex, stepped away from royal duties last March and moved to California with their young son, Archie.(AP Photo/Matt Dunham, FILE)
Britain Prince Philip Harry and William
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FILE - In this file photo dated Sunday, Feb. 5, 2017, Britain's Prince Harry, right, races to the line against Prince William, and Kate, the Duchess of Cambridge, left, during a training event to promote their charity Heads Together, at the Queen Elizabeth II Park in London. Many observers believe that the upcoming funeral for Prince Philip, on Saturday April 17, 2021, will provide an ideal opportunity for the brothers to smooth over tensions.(AP Photo/Alastair Grant, Pool)
Britain Prince Philip Harry and William
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FILE - In this file photo dated Saturday, May 19, 2018, Britain's Prince Harry, left, arrives with his best man Prince William for his wedding ceremony to Meghan Markle at St. George's Chapel in Windsor Castle in Windsor, England. When Prince Harry attends Prince Philip’s funeral on Saturday April 17, many be watching for signs of reconciliation between Prince Harry and his family, especially with his elder brother Prince William. (AP Photo/Alastair Grant, FILE)
Britain Prince Philip Harry and William
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FILE - In this Tuesday, Dec. 25, 2018 file photo, with from left, Britain's Prince William, Kate Duchess of Cambridge, Meghan Duchess of Sussex and Prince Harry, arrive to attend the Christmas day service at St Mary Magdalene Church in Sandringham, England. Prince Harry will attend the funeral for Prince Philip on Saturday April 17, the first time that Harry will come face to face with the royal family since he and his wife Meghan, the Duchess of Sussex, stepped away from royal duties last March and moved to California.(AP Photo/Frank Augstein, file)
Britain Prince Harry
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Prince Harry, left, and Prince William stand together during the unveiling of a statue they commissioned of their mother Princess Diana, on what would have been her 60th birthday, in the Sunken Garden at Kensington Palace, London, Thursday July 1, 2021. (Dominic Lipinski /Pool Photo via AP, File)
Britain Prince Harry
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FILE - From left, Britain's Prince William, Prince of Wales, Kate, Princess of Wales, Prince Harry and Meghan, Duchess of Sussex meet members of the public at Windsor Castle, following the death of Queen Elizabeth II on Thursday, in Windsor, England, Saturday, Sept. 10, 2022. (Kirsty O'Connor/Pool Photo via AP, Fil)
Britain Royals Funeral
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Prince Harry and Prince William, left, follow the hearse with the coffin of Queen Elizabeth II moving towards St. George's Chapel at the Windsor Castle, in Windsor, England, Monday Sept. 19, 2022. (AP Photo/Jon Super, Pool)




