Daily Mail publisher denied sourcing stories unlawfully at High Court trial

Danny Halpin, Press Association Law Reporter

Throughout the High Court claim brought by the Duke of Sussex, Sir Elton John and others, lawyers for the Daily Mail’s publisher denied having obtained any information through unlawful means, saying that its journalists’ stories were sourced correctly.

Antony White KC, for Associated Newspapers Limited (ANL), said at the trial’s close that “ordinary, legitimate journalism” was the more likely explanation for how the journalists sourced their stories, instead of phone hacking, blagging, or other unlawful means.

Around 40 journalists had been identified as part of the claim from Harry, Sir Elton, Sadie Frost and others.

The group of household names alleged journalists working for ANL intercepted voicemails and used private investigators to source more than a dozen stories unlawfully.

ANL strongly denied the allegations and defended the claim.

Mr White told the court: “What is even less likely still… is that if the 40 journalists were all engaged in serious unlawful information gathering, they would have all made witness statements and queued up to come to court to be cross-examined.”

He also said that the journalists provide a “compelling account of a pattern of legitimate sourcing” of the more than 50 articles that are alleged to be the products of unlawful information gathering, including from the “leaky” social circles of the celebrities’ friends.

Harry denied having “leaky” social circles, insisting that he was unable to complain about press coverage because of the royal institution.

One of those in the witness box was former Daily Mail editor Paul Dacre, who said in his written evidence that it was “inconceivable” that anyone at the paper would have carried out the unlawful activities.

He later said the claims had had a “deeply upsetting” and sometimes “traumatic” impact on staff at the paper, adding: “I have witnessed the anguish of honest, dedicated journalists who, for three years now, have had an insidious dark shadow hanging over their lives.”

Daily Mail chief reporter Sam Greenhill was alleged to have used voicemail interception for a story about the Duke of Sussex in Botswana.

The 2004 story, one of 14 at the centre of the claims written by now-royal editor Rebecca English, reported that Harry had shared details of his relationship with Chelsy Davy around a campfire in Botswana.

Mr Greenhill described the allegation of voicemail interception as “absolute bollocks”, and in written evidence said the man who had given the tip did not know Harry, but “just happened to be in the same place and recognised Prince Harry”.

Former diary editor for the Mail on Sunday Katie Nicholl was also alleged to have gathered information unlawfully and was named as the author on seven of the 14 articles in the claim.

She said she had an “excellent, reliable network of contacts” and that she did not need to “sit at home” getting information unlawfully, adding: “Because I had real contacts genuinely close to Prince Harry who were willing to speak to me.”

Ms Nicholl also denied blagging the medical information of Ms Frost, another of the group who brought legal action against ANL.

For an unpublished story about the actress’s ectopic pregnancy in 2003, Ms Nicholl said she had a tip from a freelance journalist “with a very good source”.

David Sherborne, for the group suing ANL, said she had asked an “extraordinarily intrusive question” to Ms Frost about her pregnancy so she had a “legitimate” source.

Ms Nicholl replied: “I was trying to stand up a story, she denied it and we did not run it… What I am clearly trying to do is put the story to her and give her a chance to respond.”

Former editor of the Mail on Sunday Peter Wright, who worked there from 1998 to 2012, also entered the witness box to deny all allegations of wrongdoing.

He said: “What I’m denying here is the allegations which originally formed the centre of your case, but now are being conveniently forgotten, that we were involved in a whole series of other illegal activities including phone hacking, landline phone tapping, bugging vehicles or using sticky window mini microphones.”

Mr Justice Nicklin will hand down his judgment on the trial at 2pm on Tuesday.