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Evening Standard
Evening Standard
Comment
Tristan Kirk

OPINION - My advice to Harry is: don’t ever annoy the judge

Prince Harry’s crusade against the tabloid press reaches a pivotal stage in the High Court this week. But he got off to a shaky start, committing one of the cardinal sins of legal warfare: Annoying the judge.

In what is a deeply personal battle for the Duke, he fumbled the start of his big week by going missing from the first day of his own case.

Opening speeches were scheduled for yesterday, and Harry was expected as the star turn. Mr Justice Fancourt had insisted that Harry should be at court himself in case there was time to start his evidence yesterday afternoon.

“I’m a little surprised,” said the judge, after being told Harry had been at Lilibet’s birthday in Los Angeles on Sunday, and apparently never planned to be in court yesterday. The judge didn’t say a lot, but his irritation was clear.

Court time is seldom wasted, and a High Court judge’s timetable is not to be trifled with. Harry’s barrister, David Sherborne, blamed the Prince’s absence on “tricky” travel and security arrangements, before launching into his speech.

But despite Sherborne’s best efforts, the time came when some evidence was needed — Harry simply was not there, and another witness had to be called in to plug the gap.

In the short-term, Harry handed his tabloid detractors an easy win, letting them accuse him of wasting time and disrespecting the court.

The Duke had seemingly ignored a judge’s order at his peril, and now has to work harder to win him over.

But in the longer-term, it may just be a blip in the distance. Harry’s evidence is the centrepiece of a personal battle against the tabloid media who have plundered his life for column inches. From childhood traumas through youthful indiscretions, to his love life, nothing has been off limits.

So it is easy to see why the judge would want as much time as possible for his evidence to be tested. But it’s the journalists and editors responsible for those stories whose absences may be felt most keenly. Unlike Harry, they are not witnesses and will never be questioned under the sharp glare of the High Court.

How the stories that punctuated Harry’s life were created should be the real focus of this most unusual of court battles.

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