Prince Harry’s lawyer got a stern talking to from the judge in one of his U.K. media lawsuits after skipping court due to his daughter Princess Lilibet‘s birthday.
The Duke of Sussex is expected to become the first senior royal since 1891 to give evidence in a court case on Tuesday, June 6.
However, judge Sir Timothy Fancourt asked him to attend court on Monday, June 5, just in case statements by the two sides’ legal teams were wrapped up early, allowing his evidence to begin.
Explaining the duke’s absence, David Sherborne, Harry’s attorney, told the court: “The Duke of Sussex is attending tomorrow to give evidence. He flew yesterday evening from Los Angeles. He was attending his daughter’s birthday.”
Lilibet turned two on Sunday, June 4, the same day Harry boarded a plane to Britain ahead of the case. Meghan is believed to have remained in California with Lilibet and Prince Archie, the couple’s son.
“Obviously,” the lawyer continued. “He is in a different category to the three other defendants because he has to make travel arrangements as such and security arrangements as such.”
However, Fancourt said he was “a little surprised” and suggested it was always a possibility there would be time to begin Harry’s evidence on Monday: “That’s why I directed that the first witness should be available. It’s a matter for the defendant whether they open [make an opening speech] at all.
“I don’t want to spend very much time about it as it appears there may not be very much done about it.”
Harry is suing Mirror Group Newspapers on historic allegations of phone hacking relating to aspects of his private life, including his relationship with ex-girlfriend Chelsy Davy.
His lawyers have accused Piers Morgan, a repeated critic of Harry and Meghan, of knowing about and colluding in phone hacking by journalists at the Daily Mirror while he was editor, an allegation Morgan has previously denied.
Andrew Green, the newspaper’s lawyer, also objected to Harry skipping Monday’s hearing, stating he was concerned about “whether I can cross examine the Duke of Sussex for the day and a half that I want rather than the day the claimant are trying to confine me to.
“The position is that the only witness for the Duke of Sussex is the Duke of Sussex and that is why it is absolutely extraordinary that he is not available for day one of his trial.”
The judge told Green he would not be confined to a single day if he needed to continue for longer.
The hearing, at the Royal Courts of Justice, in London, continues.
Jack Royston is chief royal correspondent for Newsweek, based in London. You can find him on Twitter at @jack_royston and read his stories on Newsweek’s The Royals Facebook page.
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