Privacy trial judge asks why Piers Morgan has not given evidence

PA Media Piers MorganPA Media
Former Daily Mirror editor Piers Morgan has denied knowledge of unlawful activity

The judge in a privacy trial brought by Prince Harry and others has questioned why nearly 30 journalists, including Piers Morgan, have not given evidence.

Mr Justice Fancourt said Mr Morgan had recently had "a good deal to say" about phone hacking "outside the court".

He is among a list of journalists about which the judge may have to "make inferences" given that they have not appeared in the witness box.

Mr Morgan recently denied knowledge of unlawful activity, in a BBC interview.

"To be clear, originally I said I've never hacked a phone. I've never told anyone to hack a phone. And no story's ever been published in the Mirror in my time from hacking a phone," he said, in an interview with Amol Rajan.

The judge also highlighted a recent interview by the former newspaper executive, Neil Wallis.

Mr Wallis, who was cleared of phone hacking, recently criticised those bringing cases against newspapers in the BBC documentary Scandalous: Phone Hacking On Trial.

He told that programme: "You have just about anybody who's ever appeared in a tabloid newspaper saying - give me large wadges of cash please. I think it's actually a legal scandal."

Mr Justice Fancourt said: "There's a question in my mind whether any of the individuals on my list could and should have given evidence."

As well as Piers Morgan and Neil Wallis, the list of 29 journalists includes:

  • Matthew Wright, the former Mirror celebrity columnist, and now a TV presenter
  • Mark Thomas, the former editor of the People
  • Gary Jones, formerly of the Mirror and now editor of the Daily Express
  • The former newspaper executive Nick Buckley, who, the court was told, kept a list of potential hacking victims on a Palm Pilot device
  • Dean Rousewell, a former People newspaper royal editor who wrote stories about Prince Harry
  • Two of the Mirror's former '3am Girls', Jessica Callan and Polly Graham.

One of those mentioned, Eugene Duffy, has died.

The two leading barristers in the case, David Sherborne, and Andrew Green KC, will address the judge next week in closing submissions.

They will make arguments about missing witnesses and Mr Justice Fancourt will have to weigh up allegations made during the case against those who have not given evidence.

The privacy action has been brought by Prince Harry, Coronation Street actors Nikki Sanderson and Michael Turner, and Fiona Wightman, the ex-wife of the comedian Paul Whitehouse.

In civil actions such as this one, each side can make their own decisions about which witnesses to rely on when making their case.

Mirror Group Newspapers called a handful of journalists, but there has been detailed evidence about many others who have not appeared in the witness box.

The claimants have called a series of former reporters, some of them convicted of phone hacking, who have become whistleblowers.

The judge's comments came as the last witnesses in the trial gave evidence.

Coronation Street star Michael Turner, who works under his stage name Michael Le Vell, told the court that appearing in the witness box had taken him to "really dark places" but it was time for him to speak up for himself.

PA Media Michael Turner arrives at London's High CourtPA Media
Michael Turner suspects his messages were hacked

He is suing the publisher of the Mirror newspapers for using phone hacking to gather stories about him dating back to the 1990s.

Mr Turner said at the time he suspected friends and colleagues were leaking information about him to newspapers.

"I feel I wasted a lot of years alienating a lot of decent people in my life for want of trust," he told the court.

Twenty-eight articles published in the Daily Mirror, Sunday Mirror or People newspapers often attributed quotes to "pals", "friends" or a "Corrie source".

The claimants say these phrases are used to cover up the fact information has been taken from intercepted mobile phone voicemail messages by journalists.

In one story, a conversation Michael Turner had with a friend, Alan Halsall, was reported by the Mirror as having been overheard in a pub.

Mr Turner was discussing how sexual abuse allegations had left him devastated, despite being cleared by a jury, and returning to Coronation Street.

He suggested he was not overheard because he and his friend deliberately chose a quiet corner of the pub away from members of the public.

He also said he spotted the photographer who took the pictures for the story in the back of a car with a long lens on the other side of the car park.

Repeatedly he told the court he believed at the time of the story that people were selling stories about him.

"It made me question everything about who you were associating with and who to trust," he said.

But now he suspects his messages had been hacked.

Mirror Group Newspapers has previously apologised after a previous judge ruled that unlawful information gathering had been widespread at the publisher's titles.

However MGN denies allegations made by the four claimants at the centre of this case, three of whom were chosen as representative of hundreds of people who could bring legal cases in future.

Prince Harry has refused to settle out of court.