Prince Harry back in court to give evidence in phone hacking case

By Christian Edwards, Jessie Gretener and Lindsay Isaac, CNN

Updated 2236 GMT (0636 HKT) June 7, 2023
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12:17 p.m. ET, June 7, 2023

Our live coverage has now ended

We've now stopped our live updates on Prince Harry's historic courtroom appearance, as he gave evidence for a second day against Mirror Group Newspapers.

David Sherborne, the prince's lawyer, will continue his cross-examination of former Daily Mirror journalist Jane Kerr on Thursday.

You can the full story of the day in court here.

12:14 p.m. ET, June 7, 2023

Harry leaves court after second day of cross-examination

Prince Harry has left London's high court after spending a second day in the witness box giving evidence in his lawsuit against MGN publishing group.

The duke waved briefly to the crowds gathered outside before getting into a waiting vehicle. There is no information on his planned movements now that he has finished giving evidence and is no longer required to be in court.

11:38 a.m. ET, June 7, 2023

Court breaks for the day

The court session has ended for the day and will return tomorrow.

Thursday’s proceedings will be complicated by Jane Kerr's absence to attend a funeral at 11.30am local time, at a nearby London church.

David Sherborne told the judge that he will need another “hour and a half or so, perhaps longer” to finish cross examining Kerr.

Andrew Green claimed “we hadn’t anticipated that Mr Sherborne would need four hours plus with her.”

The judge told Sherborne he was “running out of patience with these timetabling issues,” adding that “it’s a little ridiculous.”

The judge said that proceedings would begin tomorrow at 10am, and break when Kerr has to leave for the memorial service. She will then return in the afternoon.

11:33 a.m. ET, June 7, 2023

Sherborne asks Kerr if she wanted to know how “private information” was sourced

Sherborne continued to press Kerr on the methods used by various private investigators hired by the Daily Mirror to produce stories.

“If they sold you a story that contained private information, you’d want to know where that private information came from, wouldn’t you?” Sherborne asked Kerr.

Kerr said yes.

“Because you’d want to know that the information was lawfully obtained?” Sherborne asked as a follow-up.

Kerr said yes – then clarified that she would want to know that the information “was accurate.”

Sherborne asked if she cared more about the accuracy of the information, or the legality of the methods used to obtain it.

Kerr said she cared about both.

Earlier in his cross-examination, when listing extensive examples of private investigators using allegedly illegal methods to source information, Andrew Green intervened, asking: “Is there going to be a question at some point?”

The judge said that he was wondering the same thing.

11:06 a.m. ET, June 7, 2023

Harry claims he found a "tracking device" on then-girlfriend's car

During his cross-examination, Prince Harry claimed that he found a “tracking device” on the car of his ex-girlfriend, Chelsy Davy.

Sherborne asked Harry for more details about the incident, which occurred during his relationship with Davy in the mid-2000s.

Harry had expressed repeatedly throughout his cross-examination that he did not know how the paparazzi could learn where he was so quickly.

He claimed that he found a tracking device on Davy’s car, and alleged that it had been put there by Mike Behr, a private investigator.

“He was the one who put a tracking device on my girlfriend’s car,” he told the court.

10:34 a.m. ET, June 7, 2023

Sherborne presses Kerr for her definition of "lawful information gathering"

David Sherborne asked Jane Kerr what exactly she means when she claims to never have engaged in “unlawful information gathering,” after she claimed that all of her reporting was “above board.”

“I have never engaged the services of private investigators or other third parties to engage in unlawful information gathering activities," Kerr claimed in her witness statement.

But Sherborne provided evidence that private investigators, including Jonathan Stafford – whom Harry cited frequently in his witness statement as having sourced information about him – had provided “ex-directory numbers” for the Mirror.

Ex-directory numbers are those not listed on public registers.

“People who wanted not to be contacted by journalists for example would have made sure that their landlines were ex-directory,” Sherborne said to Kerr, yet the Mirror still sourced information in this way, he claimed.

“So that’s your definition of lawful information gathering, is it?” he asked.

“You didn’t think twice about whether it was lawful or appropriate” to source these numbers, he said.

“If Jonathan was able to provide them, I assumed that information was lawful,” Kerr said.

10:23 a.m. ET, June 7, 2023

Harry watching former journalist's testimony from courtroom

From CNN's Jessie Gretener at London's High Court

Prince Harry is sat with his legal team watching as former MGN journalist Jane Kerr is cross examined by the duke's lawyer, David Sherborne. He began by quizzing her about her biography and suggesting that she was trying to distance herself from the leadership of the publication by omitting parts of her work history from her witness statement, which Kerr flatly denied. 

Sherborne is now questioning Kerr about common practices she would undertake at the news desk to obtain information to establish a link to illegal information gathering while she was working at the Daily Mirror.  

In an awkward moment, court was briefly interrupted when a court staff member's phone accidentally went off on speaker and a newscast was heard loudly in the room. A broadcaster was heard saying "we are waiting for Prince Harry to come out of court." The duke looked over from his seat to the source of the broadcast. 

10:25 a.m. ET, June 7, 2023

Sherborne presses Kerr on invoices to private investigators

Sherborne asked Kerr about the Daily Mirror’s use of private investigators during her time as assistant news editor at the paper.

“You instructed them on about 900 different tasks,” Sherborne said, adding that is “rather a lot.”

Sherborne detailed a number of instances when the Mirror had used private investigators to source information not in the public domain, based on records of invoices sent by MGN.

He claimed that “there were concerns about how much was being spent by the Mirror Group” on private investigators.

Sherborne asked if Kerr was asking the court to believe that “the assistant news editor at the Daily Mirror” really had “no idea how they obtained this information.”

“You know that this information was being obtained and should not have been sold to journalists?” Sherborne asked.

“I did not,” said Kerr.

Sherborne pressed again, saying, "You are working in a senior position at a national newspaper,” yet “you seem to have no idea what you were doing at the time.”

He asked Kerr whether the private investigators “magically produced a phone number and you never asked any more questions.”

“Yes," replied Kerr.

10:23 a.m. ET, June 7, 2023

A glimpse of emotion as the prince ends his testimony

From CNN's Jessie Gretener at the High Court in London

Prince Harry has concluded his time in the witness testimony, spending around eight hours in the witness box over the course of two days. 

Prince Harry grew more confident and assertive on Wednesday morning during pacier exchanges with Andrew Green. 

However, the prince's demeanour then changed when his lawyer, David Sherborne, started re-examining his client. A glimpse of emotion broke through the silence of the court room when he was asked how he felt to have the world watching this trial, with the prince responding after a long pause, "it's a lot."

Prince Harry then responded to the judge's final questions with a softer tone before being dismissed from the witness box.

He has now taken a seat with his lawyer's team in the court room, watching Jane Kerr's witness testimony with a focused gaze.