Wednesday’s proceedings in Prince Harry’s court battle against the Daily Mirror publisher were spiky from the start.
Conscious he had just half a day left to question and ultimately attempt to undermine the Duke of Sussex, the paper’s barrister, Andrew Green KC (King’s Counsel), got straight to business – there was no time for pleasantries.
His first words were: “Prince Harry, we are now on the 22nd article.”
The prince interjected: “Good morning, Mr Green”.
The pair went on to spar for several hours, it was polite but prickly.
British royalty versus the highest echelons of the British legal system – Mr Green is a KC, a position to which senior barristers recognised for their excellence are appointed.
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This was the King’s son versus a King’s Counsel, part two.
The duke also said “good morning” to those of us waiting outside court 15 and looked relaxed as he walked in.
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If he was jet-lagged from his daughter’s second birthday party followed by a flight from the US West Coast, he hid it well.
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‘I would feel some injustice’
He puffed out his cheeks as he entered the witness box on Wednesday. Clearly this experience has been draining, but he was quick to smile to familiar faces in the room.
The duke, like everyone else in the room, bowed when the judge, Mr Justice Fancourt, entered. It is courtroom protocol.
Mirror lawyer exasperated
Speaking directly to the judge is not. It resulted in an exasperated Mr Green, representing Mirror Group Newspapers (MGN), saying: “Could I ask the questions?”
He would later go on to say: “Can I just repeat what I said to you yesterday. This isn’t about you asking me questions, this is about me asking you questions.”
Mr Green took a more combative approach on Wednesday, but Harry was also more assertive. In a tense exchange, the KC asked the royal: “Can you accept lack of phone data suggests you were not hacked by any MGN journalist?”
The prince shook his head and defiantly replied: “Absolutely not”.
Mr Green was quick to follow up: “If the court finds that you were not hacked by MGN, would you be relieved or disappointed?”
Harry said phone hacking was “on an industrial scale across three of the papers at the time” and that he “would feel an injustice, if it wasn’t accepted”.
Mr Green’s follow-up was: “So you want to have been phone hacked?” Harry’s response was solemn: “Nobody wants to be phone-hacked, my lord.”
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Prince Harry leaves High Court
‘Realm of speculation’
Repeatedly over the past two days, Mr Green has declared: “We are in the realm of speculation.”
Harry was always quick to counter – on one occasion saying: “Well no, I don’t believe my girlfriend would have given the Mirror Group her number”.
He later told the court, when answering questions from his own barrister: “For my whole life, the press misled me, covered up the wrongdoing, and sitting here in court knowing that the defence has the evidence in front of them and for Mr Green to suggest I’m speculating… I’m not sure what to say about that.”
No one enjoys talking about their ex. Prince Harry was grilled on his relationship with his, Chelsy Davy, for many hours.
Details of a visit to a strip club which led to a row between the couple was pored over. Prince Harry said Ms Davy “now has her own family and this process is as distressing for her as it is for me”.
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What was Harry asked on day two?
Harry appeared weary
By coming to the witness box, Harry has had to go through each of the 33 articles one by one – you could see on his face that he found it emotionally draining.
He looked weary discussing his past relationships.
He told the court: “It was distressing going through this process and I would say more distressing sitting here having to go through it all again.”
He looked pained when saying another former girlfriend, Caroline Flack, “was no longer with us”.
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Prince Harry court case evidence explained
On multiple occasions, Mr Green asked Harry whose mobile phone was hacked for each of the 33 stories this case focused on.
Harry replied: “I’m not sure as the evidence has been destroyed.”
He went on to say “there was an industrial scale of destruction of evidence” by MGN.
Seven gruelling hours
It’s an allegation that is strongly denied by the publishers. He then described the “abuse, intrusion and hate” directed at himself and his wife, Meghan, more recently.
After seven gruelling hours of cross-examination by Mr Green, Harry’s lawyer David Sherborne asked his client how he felt.
He’d been in the witness box for a day and a half, giving evidence in open court, in front of the world’s media, on his personal life.
Harry paused. “It’s a lot”, he said, with an uncomfortable smile and a flushed face.
His voice cracked when he answered the judge’s follow-up question.
The prince then left the witness box, but not the courtroom. He was eager to listen to the evidence of the next witness – Jane Kerr, former royal editor at the Mirror.
Harry took a seat next to his solicitors. He puffed out his cheeks, clearly drained, and briefly puts his hands on his face.
It was now his barrister David Sherborne’s turn to question a witness for the Mirror.
Kerr’s byline is on 10 out of the 33 articles being considered by the court.
Image: Jane Kerr pictured outside court
His cross-examination of Kerr had a spicy start, saying: “You didn’t want to come to court today, did you?”
She replied: “No, I didn’t.” He stated the “court ordered you to come”.
Sherborne said the reporter commissioned private investigators on 900 different occasions while working on the Mirror’s newsdesk. She insisted this was a regular part of her duties on the newspaper.
Sherborne’s questioning of the former royal editor was robust.
At one point, Mr Green stood up to object to his line of questioning and described it as “an ambush”. The judge said it was “not an ambush”.
Ms Kerr will continue giving evidence on Thursday.
The sentence of triple murderer Nicholas Prosper, who killed his family and was planning a school shooting in Luton, has been referred to the Court of Appeal.
The referral has been made under the Unduly Lenient Sentence scheme, the Attorney General’s Office said on Wednesday.
Prosper, 19, pleaded guilty to the murders of his mother, Juliana Falcon, 48, and his siblings, Kyle Prosper, 16, and 13-year-old Giselle Prosper, at Luton Crown Court in February.
Image: (L-R) Giselle Prosper, Juliana Falcon, and Kyle Prosper were found dead in their flat in Luton in September. Pic: Bedfordshire Police
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Witness calls 999 after triple murder
Their bodies were found at their flat in the town in September last year.
He was sentenced to 49 years in prison in March.
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Prosper sentenced to minimum 49 years
Passing sentence, High Court judge Mrs Justice Cheema-Grubb told Luton Crown Court that her duty to the public was met with the 49-year minimum term, rather than using “the sentence of last resort” and jailing him for the rest of his life.
Prosper, 19, who craved notoriety, planned to carry out a mass shooting at St Joseph’s Catholic Primary School, where he and his siblings had been pupils, he admitted to police.
Image: Luton triple murderer pretends wood plank is gun
Image: Nicholas Prosper seen buying a weapon on CCTV. Pic: Bedfordshire Police
The Solicitor General has referred Prosper’s sentence to the Court of Appeal, where “it will be argued that Prosper ought to have been given a whole life order,” a spokesman for the Attorney General’s Office said.
Defendants aged 18 to 20 have been liable to receive whole-life orders in exceptional circumstances since rules were changed in 2022.
But none of the orders imposed since then have been on criminals in that age bracket.
The judge said that for defendants over the age of 21, whole-life orders can be considered in cases involving two or more murders with a significant degree of premeditation or planning, or where one child is killed with similar pre-planning.
Mrs Justice Cheema-Grubb said: “The court may arrive at a whole-life order in the case of an 18 to 20-year-old only if it considers that the seriousness of the combination of offences is exceptionally high, even by the standard of offences which would normally result in a whole-life order.”
Image: Nicholas Prosper walking to the school on the morning of his planned attack. Pic: Bedfordshire Police
Image: Prosper obtained the shotgun by deception. Pic: Bedfordshire Police
She pointed to a joint submission of counsel that the lengthy finite term she imposed was severe enough because his case was not “of the utmost gravity where the sentence of last resort must be imposed on an offender who was 18 at the time and is 19 today”.
The risk he posed to the public was met with a life sentence, she said.
Justice Cheema-Grubb told the court she would not impose a whole-life order because Prosper was stopped from carrying out the school shooting, having murdered his family earlier than he intended after his mother woke up.
He also pleaded guilty as soon as the charges were put to him after psychiatric reports had been completed, and he was 18 at the time of his crimes, which is at the lowest end of the age bracket for whole-life terms.
The Unduly Lenient Sentence scheme allows any member of the public to ask for certain Crown Court sentences to be reviewed, and if necessary, the case will be referred to the Court of Appeal.
Image: Police officers finding a shotgun belonging to Nicholas Prosper.
Pic:Bedfordshire Police /PA
Conservative shadow justice minister Dr Kieran Mullan, who referred the sentence to the Attorney General’s Office under the scheme on the day Prosper was jailed, said at the time that not handing down a whole-life sentence “makes a mockery of the justice system and is an insult to the victims”.
At his trial, jurors heard Prosper, who was obsessed with violence and mass shootings, wanted to be known as “the world’s most famous school shooter of the 21st century”.
Police believe he killed his family when his mother confronted him after finding a shotgun he had bought using a fake certificate.
His scheme was eventually foiled by officers who spotted him in the street immediately after the murders and arrested him.
The loaded shotgun was found hidden in bushes nearby, along with more than 30 cartridges.
The World Professional Billiards and Snooker Association (WPBSA) announced last week that he had been suspended due to the case.
A spokesperson for WPBSA said: “Graeme Dott has been suspended by the WPBSA due to a case which is scheduled to be heard before the high court in Scotland.
“Whilst court proceedings are ongoing, it would be inappropriate for the WPBSA to make any further comment.”
Having turned professional in 1994, Dott has been a regular on the World Snooker Tour circuit.
He defeated Peter Ebdon when he won his World Championship title at the Crucible in Sheffield in 2006.
He also reached the final in both 2004, when he was beaten by Ronnie O’Sullivan, and 2010, losing out to Australian Neil Robertson.
The family of a man who committed murder during an escape from a secure mental health unit have told Sky News they were “failed” by the trust that was meant to be caring for him.
Joshua Carroll is currently waiting to be sentenced for the murder of Headley Thomas, known as Barry, after beating him to death in a park in Trafford, Manchester, in September 2022.
At the time of the attack, Joshua was in the care of Greater Manchester Mental Health Trust (GMMH). He was being treated as an inpatient at Park House, a unit which has now closed down.
Joshua’s mum and sister say he escaped from the unit 21 times – and they repeatedly complained to the trust and asked for help.
Image: Headley Thomas, who was known as Barry
Leanne Carroll, Joshua’s sister, told Sky News: “The night it happened, Joshua had come to my house. And it was just a normal ‘oh Joshua has escaped from hospital again’. Nothing appeared any different.”
She says they didn’t find out about what had happened until Joshua was arrested weeks later – and “everything fell apart from there”.
Image: Julie and Leanne Carroll
“My heart broke,” said Joshua’s mum, Julie Carroll. “It’s just a horrible, horrible situation.”
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Joshua had been diagnosed with conditions including schizoaffective disorder, and had been in and out of inpatient care for around 15 years, his family said.
They showed me more than 20 pages of complaints and responses from GMMH about his repeated escapes, dating back eight years before the murder.
After Joshua’s fourth escape from Park House, his family asked for him to be moved to another unit, saying they were concerned about security.
This didn’t happen, with the trust citing capacity issues. His family complained once again about his escapes just five weeks before the murder, in August 2022.
“We are very, very angry and disappointed,” said Julie. “You think if your child is in hospital, and they are very poorly, that they are going to be looked after – they will be safe and they will be secure. But that wasn’t the case for Josh.”
Image: Julie Carroll says her “heart broke” after her son’s crime came to light
Although Joshua was convicted of murder, Leanne says his family hold GMMH partly responsible.
“If you had done your job properly – none of this would have happened,” she said. “Two families wouldn’t have been destroyed and so many hearts wouldn’t have been broken.”
Since 2022, GMMH has been served with several Section 29A warning notices by the Care Quality Commission. These are issued when the commission decides a service needs to make significant improvements, and there is a risk of harm.
In the case of GMMH, their concerns included “ward security systems not consistently keeping people safe”.
Dr John Mulligan is a clinical psychologist for GMMH, working in the community for the early intervention in psychosis service, and a representative for the union Unite.
Image: Dr John Mulligan
He and his colleagues have been going on strike repeatedly across the past seven months, saying they just don’t have the staffing levels they need to keep people safe.
“Thankfully, violent incidents among our service users are quite rare, they are much more likely to be the victims of violence and aggression,” he said. “But serious incidents are happening regularly. Far too regularly.
“It’s very upsetting for staff and for patients and families.”
Image: Joshua Carroll . Pic: Greater Manchester Police
Salli Midgley, chief nurse at the Greater Manchester Mental Health NHS Foundation Trust said: “On behalf of GMMH, we express our heartfelt condolences to Headley Thomas’s loved ones at this very sad time.
“Our thoughts and sympathies remain with everyone who has been affected by this most devastating incident. We are deeply sorry that it happened while Joshua Carroll was under our care.
“Under the trust’s new leadership, we have been working closely with NHS England, our commissioners and the CQC to create better, safer and well-led services for all.”
Image: The Carroll family asked for Joshua to be moved to a different unit after his escapes
She continued: “A huge amount of progress has already been made but we know we still have a lot to do to improve our services.
“As part of this work, we are currently carrying out an in-depth investigation into the care and treatment provided to Mr Carroll, and the circumstances leading to Mr Thomas’ death, the findings of which will be shared with NHS England.
“We are unable to comment further on this case whilst the investigation is ongoing.”
Barry Thomas’s family told Sky News mental health is a very serious issue – but they believe Joshua Carroll tried to “play down his actions”.
They said: “Let’s all remember that a life was taken. Our brother, father, and uncle. The evidence the police gathered was in plain sight for all to see.
“We, the family, would like to thank all the police involved for the work they have done, in bringing justice for Barry.”