Lawyers for the Duke and Duchess of
Cambridge today began extraordinary legal proceedings against the French
magazine which published topless photographs of Kate Middleton.
The Duchess's dashing brief, Aurelien Hammelle, opened the case in the Paris suburb of Nanterre with a strong attack on French Closer magazine, saying Kate is a 'young woman, not an object'.
Prince William and his wife are suing over a ‘grotesque’
breach of privacy after pictures were taken of them relaxing on holiday in the Provence countryside east of Avignon.
The
couple are seeking to prevent the publication of any more of the
magazine's edition 379 which contained the photographs - and a decision will be made by a French judge at 11am tomorrow.
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In court: Aurelien Hammelle, the French lawyer
instructed by William and Kate to fight against further publication of
the photos, is seen today at the Tribunal de Grande Instance de Nanterre
in Nanterre, France
It comes as photographer Valerie Suau, nicknamed 'sewer', went 'into hiding' as she was named in
evidence presented to a judge by Royal lawyers - although she denies producing anything 'explicit'.
St James’s
Palace confirmed a criminal complaint over the photographs was
lodged this morning, with a civil case seeking damages and an
injunction preventing further publication taking place in
Paris.
'The complaint concerns the taking of photographs of The Duke and
Duchess of Cambridge whilst on holiday and the publication of those
photographs in breach of their privacy.'
The barefoot Royals: The Duke and Duchess of
Cambridge arrived barefoot in Tavanipupu, Solomon Islands, during the
latest leg of their South Pacific tour
It came as a tawdry Italian magazine owned by
Silvio Berlusconi published 18 photos of the Duchess of
Cambridge topless – defying Palace pleas for restraint.
Unapologetic editor Alfonso Signorini
said ‘not even a direct call from the Queen’ would stop him printing
the pictures in a special 26-page edition of Chi magazine under the
headline ‘la Regina è nuda’ – the Queen naked.
He
also warned that the royal couple have no legal redress in Italy. He
told Sky News that it was his business to “sell photographic scoops” and
he was the director of a newspaper, 'not a supermarket'.
'I am a director of a newspaper not a supermarket, I don’t sell artichokes and carrots, I sell photographic scoops,' he said.
Smiling: Kate arrives at the Marau landing strip to receive a traditional welcome on the Soloman Islands today
'If I had not published them I
would not be paid for the job I do. Above all, I published them for
various reasons, as a journalistic scoop, it satisfies the curiosity of
the readers, it is first time that the future Queen of England has been
pictured in such a way.
'They
are natural pictures, there is no morbidity about them, there is
nothing that could affect the dignity of the person involved, the
Duchess of Cambridge.
'Lastly,
they were taken on a public road by photographers on public land. The
Duchess was sunbathing on a terrace, sadly for her.
'The
Italian privacy laws say that we can quite happily take pictures from a
public road, of personalities, exposed places, in open air.'
Photographer Valarie Suau has
admitted taking pictures of a scantily clad Prince William and Kate on
the terrace of a £15million holiday retreat owned by Viscount Linley,
the Queen’s nephew.
Battle: Delphine Pando (pictured left; wearing
black), the lawyer acting for French Closer, at court today. Also
pictured (right) is experienced Valerie Suau, who is said to be 'in
hiding' today
However, she claims to have had
nothing to do with images which were taken on the same day – September
7th – at Chateau d’Autet, in the Provence countryside east of Avignon,
showing Kate topless, and exposing her bottom.
'I
am a director of a newspaper not a supermarket, I don’t sell artichokes
and carrots, I sell photographic scoops. If I had not published them I
would not be paid for the job I do'
Alfonso Signorini, Chi magazine editor
They have been published by French Closer, a women’s glossy, which will attempt to defend its use of the pictures in court.
William
and Kate have indicated that they are prepared to present evidence
themselves, but are currently both on a royal tour in Asia.
A palace spokeswoman said: 'The
complaint concerns the taking of photographs of the Duke and Duchess of
Cambridge whilst on holiday and the publication of those photographs in
breach of their privacy.'
The
royal couple have instructed Aurelien Hammelle, a Paris barrister, to
call for the ‘the stiffest punishment possible’ against Closer magazine
for publishing five pages of the same material.
These could technically include a one year prison sentence for not only the photographer, but also Closer’s editor.
Privacy row: The Tribunal de Grande Instance
(above) in Nanterre, on the outskirts of Paris, will hear
representations from the royals as they begin legal action against the
publishers of French Closer magazine and the photographer who took them
Legal battleground: Lawyers for Kate and William
will appear at this court in Paris today to try to prevent further
publication of topless photographs of the Duchess
There
will also be an application for a fine, a prominent apology, and an
attempt to have further distribution of the images stopped.
Mr
Hammelle, a junior partner at Metzner Associates in the French capital
who used to work for Freshfields in London, wants to launch proceeding
as soon as possible, and judges at the Tribunal de Grande Instance in
Nanterre, where Closer is published, agreed to an evening hearing.
But
Laurence Pieau, Closer’s editor, has insisted that she will fight the
legal action, arguing that William and Kate were easily visible from a
public road, and that the pictures taken were tasteful and of great
interest to the public.
Surprisingly relaxed: Prince William and wife
Kate wave to the crowds on a truck decorated as a canoe as they depart
Honiara International Airport on the Solomon Islands
In good spirits: The royal couple laugh as
warriors perform a traditional dance at Honiara International Airport as
they vowed to prosecute those responsible for taking and printing the
naked pictures
All smiles: Kate and William's Diamond Jubilee tour has been a huge success despite the problems that have dogged the couple
Not impressed: A furious Prince William revealed
he wants those responsible for taking and printing the pictures of his
wife to be jailed
This is especially so since
Kate is likely to be the Queen of England one day, and thus her
sunbathing habits influence thousands around the world, Ms Pieau argues.
TASTELESS ITALIAN MAGAZINE PUBLISHES TOPLESS PICTURES OF DUCHESS
And in a bizarre and at times embarrassing series of interviews today its editor described Kate as a 'Greek goddess' and William as a 'fine figure of man.'
Alfonso Signorini, 48, went ahead with the publication despite calls from Buckingham Palace to respect the couple's privacy.
In a tasteless and trashy article accompanying the photos the magazine also commissioned a plastic surgeon Paolo Santanche to describe the Duchess’s body.
Signorini, 48, a former Latin teacher said: 'I really don't see what all the fuss is about. I don't see how a topless photo in 2012 can create all these scandal and controversy. Kate is a very beautiful woman. What is the problem - and William is also a fine figure of a man.
'All Kate is doing is sunbathing topless like millions of other women. They are a normal couple in love.'
The pictures are the same ones that were used in the French magazine Closer last week and which were taken while the couple were on holiday in a French chateau in Provence.
Signorini boasted: 'There were no scandalous pictures but if there were I would have run them.
'The Duchess was sunbathing topless on a terrace that looked out onto a public road. Anyone could have come along and taken her picture. Privacy only comes into it if you go onto someone else's property.
'What the pictures show is just a normal couple in love. I really don't see anything shocking or scandalous in publishing them.'
Ms Pieau, who still believes there is
‘nothing shocking’ about the pictures, has so far refused to name the
photographer who took the damaging pictures.
A
colleague of Ms Pieau said: ‘Valerie is naturally concerned by all the
fuss and is in hiding. She is adamant she has done nothing wrong.’
One
of Ms Pieau’s photographs of William and Kate on the terrace of Chateau
d’Autet appeared in the respected regional newspaper La Provence on
September 8th. There was no complaint from the royal family.
William and Kate may have to endure
further distress as it emerged that 200 pictures of the Duchess were
taken as she sunbathed during a holiday in France.
Publications in the US, Germany and Australia were understood to be considering printing pictures.
Yesterday copies of French magazine
Closer – which first used the pictures – were being sold on auction
website eBay for £31, 25 times the retail price of £1.20.
As the controversy escalated, the
royal couple stoically continued their Diamond Jubilee tour yesterday,
laughing as they met their hosts on the Solomon Islands.
Mr Signorini remained unapologetic over his plans to publish the photos.
Both Chi and the French edition of Closer are owned by Mondadori, part of former Italian premier Silvio Berlusconi’s media empire.
Mondadori’s chairman is Mr Berlusconi’s 46-year-old daughter Marina.
Mr Signorini said he was not afraid of any legal action because the photos did not represent an invasion of privacy in his view.
‘These pictures are not offensive or in poor taste, they are not morbid and they do not damage the dignity of anyone,’ Mr Signorini said.
‘If I didn’t recognise the journalistic value of what I had and if I did not publish them I would be better off in a market selling artichokes.
‘These pictures were taken while the couple were on a terrace and they were taken from a public place so there is no suggestion of an invasion of privacy. Whoever was passing by could have taken them.
‘I did not consult with Berlusconi before I decided to publish these photographs because I take the ultimate decision on what appears in Chi magazine – and to be honest Berlusconi has a lot more to worry about than Kate Middleton.’
Six years ago Chi caused outrage when it published a picture of Princess Diana taken just minutes after the car crash in Paris which killed her and Dodi Al Fayed.
It was the first time any publication had printed a graphic picture from the August 1997 tragedy.
Meanwhile the joint publishers of the Irish Daily Star both denied they had sanctioned its decision to publish the topless pictures on Saturday.
The tabloid is jointly owned by Northern and Shell – which owns the Daily Express – and Independent News and Media.
Yesterday both issued statements denying prior knowledge of publication and expressing regret.
Former prime minister John Major backed Kate and William’s decision to take legal action over the pictures.
‘The boundaries have plainly been crossed,’ he told the BBC’s Andrew Marr Show. ‘I don’t think we need minced words about these photographs – the way they have been obtained is tasteless. It’s the action of a peeping Tom. In our country we prosecute peeping Toms.’
Mr Signorini remained unapologetic over his plans to publish the photos.
Both Chi and the French edition of Closer are owned by Mondadori, part of former Italian premier Silvio Berlusconi’s media empire.
Mondadori’s chairman is Mr Berlusconi’s 46-year-old daughter Marina.
Mr Signorini said he was not afraid of any legal action because the photos did not represent an invasion of privacy in his view.
‘These pictures are not offensive or in poor taste, they are not morbid and they do not damage the dignity of anyone,’ Mr Signorini said.
‘If I didn’t recognise the journalistic value of what I had and if I did not publish them I would be better off in a market selling artichokes.
‘These pictures were taken while the couple were on a terrace and they were taken from a public place so there is no suggestion of an invasion of privacy. Whoever was passing by could have taken them.
‘I did not consult with Berlusconi before I decided to publish these photographs because I take the ultimate decision on what appears in Chi magazine – and to be honest Berlusconi has a lot more to worry about than Kate Middleton.’
Six years ago Chi caused outrage when it published a picture of Princess Diana taken just minutes after the car crash in Paris which killed her and Dodi Al Fayed.
It was the first time any publication had printed a graphic picture from the August 1997 tragedy.
Meanwhile the joint publishers of the Irish Daily Star both denied they had sanctioned its decision to publish the topless pictures on Saturday.
The tabloid is jointly owned by Northern and Shell – which owns the Daily Express – and Independent News and Media.
Yesterday both issued statements denying prior knowledge of publication and expressing regret.
Former prime minister John Major backed Kate and William’s decision to take legal action over the pictures.
‘The boundaries have plainly been crossed,’ he told the BBC’s Andrew Marr Show. ‘I don’t think we need minced words about these photographs – the way they have been obtained is tasteless. It’s the action of a peeping Tom. In our country we prosecute peeping Toms.’
High and dry: Italian magazine Chi (left) has
announced it would publish a 26-page special of topless Kate Middleton
using 50 images of the 200 in its possession as the Duke and Duchess
(right, in Borneo) legally battle to prevent other media outlets around the
world from using the naked pictures of her on holiday in France
'THEY WILL FIGHT FOR YEARS IN COURT TO PURSUE THOSE RESPONSIBLE'
William
and Kate are prepared to devote years to legal battles pursuing those
responsible for the topless pictures – or those who publish them.
Sources close to the couple confirmed they were under no illusions about the length of time it could take for their fight to make its way through the Paris courts.
But they insist that the Duke and Duchess will press ahead because they feel so strongly about the invasion of their privacy.
This morning, the couple’s complaint against French Closer magazine – the first to publish the images – is to be heard at the Tribunal de Grande Instance in the Paris suburb of Nanterre.
They have instructed Paris barrister Aurelien Hammelle to call for ‘the stiffest punishment possible’ against the magazine.
St James’s Palace said there were plans to press for criminal charges against the photographer – who has so far remained unidentified.
The Duke and Duchess are also considering action against the Irish edition of the Daily Star, which printed the pictures on Saturday.
Sources close to the couple confirmed they were under no illusions about the length of time it could take for their fight to make its way through the Paris courts.
But they insist that the Duke and Duchess will press ahead because they feel so strongly about the invasion of their privacy.
This morning, the couple’s complaint against French Closer magazine – the first to publish the images – is to be heard at the Tribunal de Grande Instance in the Paris suburb of Nanterre.
They have instructed Paris barrister Aurelien Hammelle to call for ‘the stiffest punishment possible’ against the magazine.
St James’s Palace said there were plans to press for criminal charges against the photographer – who has so far remained unidentified.
The Duke and Duchess are also considering action against the Irish edition of the Daily Star, which printed the pictures on Saturday.