Prince Harry is facing serious allegations of intentionally destroying potential evidence in his legal battle against News Group Newspapers, the publisher of The Sun. This development emerged as Mr. Justice Fancourt has mandated the Duke of Sussex to provide a detailed explanation regarding the deletion of drafts of his memoir and messages exchanged with his ghostwriter, J. Minger, well after legal proceedings began in 2019.
The judge has expressed grave concerns over the destruction of these documents and conversations, which likely contained references to unlawful information gathering. He emphasized the urgent need to recover the messages between Prince Harry and Minger, highlighting the troubling implications given that the case was already underway when these deletions occurred.
Furthermore, Mr. Justice Fancourt has directed Prince Harry’s legal team to contact Clive Alderton, the King’s private secretary, and Sir Michael Stevens, the Treasurer and Keeper of the Privy Purse, to provide all records of their communications with the Duke. This legal scrutiny has broader implications beyond the courtroom, potentially leading to a significant constitutional crisis.
Lady Colin Campbell reported that constitutional experts convened at Buckingham Palace to address these issues. Failure to comply with the court’s orders could result in accusations of perverting the course of justice, even implicating the King himself. If proven intentional, Prince Harry’s actions in destroying evidence could constitute criminal offenses such as perjury and perverting the course of justice, carrying severe consequences including potential removal from his role as Counsellor of State.
However, Prince Harry’s legal standing under the Regency Acts of 1943, 1937, and 1953 due to his position in the line of succession complicates any potential removal. The publisher has requested the release of Prince Harry’s emails, text messages, WhatsApp messages, and material from encrypted devices, noting concerns over a notable absence of documentation provided by his legal team.
The judge has stressed the need for clarity, instructing Prince Harry to submit a witness statement explaining the fate of the messages between him and his ghostwriter, and whether any efforts were made to recover them. He pointed out the likelihood that these communications could pertain to unlawful information gathering referenced in the memoir.
The King’s private secretary and the Keeper of the Privy Purse are obligated to report findings to the court if they determine that Prince Harry deliberately misled or attempted to suppress evidence, potentially exposing him to charges of perjury. The destruction of drafts and research materials, as indicated by the ghostwriter’s detailed accounts, underscores the seriousness of legal transparency requirements and the consequences of failing to uphold them.
If Prince Harry is found to have destroyed evidence or lied under oath, he faces significant legal and reputational jeopardy, potentially resulting in the dismissal of his case and full liability for legal costs incurred.