Missing private investigator evidence in Daily Mail’s case ‘stark’, high court told | Daily Mail

The high court heard the amount of documents lost or destroyed relating to the Daily Mail publisher’s use of private detectives was “extreme”.

However, the weak surviving evidence of payments to private investigators includes “glaring and often shocking evidence,” according to lawyers for a group of plaintiffs who accused the publisher of using illegal techniques.

Prince Harry, Elton John and Doreen Lawrence are among seven plaintiffs in the 10-week-long multimillion-pound lawsuit against Associated Newspapers Ltd (ANL). The publisher denies all allegations.

In his closing submissions, the plaintiffs’ lead lawyer, David Sherborne, said the court should conclude that the “true extent” of illegal information collection at ANL was “enormous”.

“There would be thousands of invoices supporting these payments [to private investigators]”All of these have been destroyed or cannot be located,” he said.

“The difference between known payment universes [private investigators]“This is a very large figure and the small number of announced invoices is extremely striking.”

In court, Sherborne said the box, which he called “Pandora’s box” containing records of payments to private detectives, was found by chance by a legal worker last year.

ANL said in its closing submissions it had presented “a clearly conscientious and generous approach to disclosure”. It was stated that the company delivered more than 2,700 documents.

Sherborne noted two examples where the existence of documents allowed the plaintiffs’ legal team to make a connection to the alleged illegal activity. One of these involved a draft story about actor Sadie Frost’s ectopic pregnancy that was never published.

In this case, Sherborne said invoices relating to a private investigator showed former Mail on Sunday journalist Katie Nicholl had an “ongoing involvement” with Frost.

He also pointed out records related to another private investigator found in the “Pandora’s box.” He claimed that these corresponded to detailed medical information about Frost recorded in Nicholl’s notebook. The plaintiffs’ legal team says the information came from an “indictment” conducted by the private investigator.

Nicholl said the information came from a freelance journalist who had a “very, very good source” in Frost’s inner circle.

Sherborne said: “This is one of many examples where we have direct evidence that can be linked, but this is not always the case. If this were the case in all papers, implementation would be much simpler.”

She also highlighted a story by the Daily Mail’s royal editor Rebecca English about a holiday Prince Harry had with his ex-girlfriend Chelsy Davy.

The court had already been shown an email from private investigator Mike Behr containing Davy’s flight details. This information was “never requested and never acted upon,” English said.

Sherborne said the email was not disclosed by ANL but was disclosed through a separate lawsuit. He asked the judge to conclude that a culture of unlawful information collection was concealed.

The plaintiffs’ legal team is currently focusing on four journalists: Nicholl, English, former reporter Stephen Wright and former Daily Mail showbiz editor Nicole Lampert.

ANL said the plaintiffs initially made “headline-grabbing allegations” of hacking, wiretapping and wiretapping in the hope that “the disclosure would reveal material to support their widely asserted allegations and Associated would reach a settlement.”

But ANL’s legal team said the broadcaster had “put forward an affirmative case denying every specific instance” of illegal activity.

“This robust and comprehensive defense constructed by Associated resulted in plaintiffs’ most serious claims being expunged, struck out, abandoned, or significantly reduced before or during trial,” he said in a written submission.

Both sides continue to dispute the role of private investigator Gavin Burrows, who admitted allegations of illegal activity for the ANL in a 2021 witness statement but later said the document was forged by Graham Johnson, a former phone hacker investigating illegal activity in the press.

The case continues.