Andrew’s allies: Fightback starts now

ANDREW Mountbatten-Windsor’s legal victory against the police and courts is the first stage in his “long overdue fightback”, friends have said.

The former Duke of York was described as feeling “vindicated” after discovering that search warrants permitting officers to raid his homes had been issued unlawfully.

He is taking further legal action to recover items seized by Thames Valley Police from Marsh Farm on the Sandringham estate and Royal Lodge, his former Windsor residence.

The King’s younger brother was arrested on Feb 19 on suspicion of misconduct in public office after allegations that he had shared sensitive information with Jeffrey Epstein, the convicted paedophile, while working as UK trade envoy.

While he underwent 12 hours of questioning at Aylsham police station in Norfolk, detectives from Thames Valley Police searched his two properties for evidence.

Shortly after being released under investigation, he lodged a judicial review arguing that the police action had overstepped the mark and was unlawful.

A High Court judge ruled on Thursday that search warrants permitting officers to raid Mr Mountbatten-Windsor’s homes had been issued unlawfully - Kirsty Wigglesworth
During a hearing in the High Court on Thursday it was confirmed that the wrong search warrants had in fact been issued.

Mr Justice Hilliard said “a significant error was made in the application for and grant of the search warrants”, which was “enough to render the warrants, the searches and the material seized unlawful”.

A new hearing next year will decide whether Thames Valley Police have to hand back the material it seized, but friends of Mr Mountbatten-Windsor said he was determined to fight his corner.

A friend of the former duke said: “However it is presented, this ruling marks a notable backward step for the Thames Valley Police investigation.

“The judge made clear that both the police force and an Old Bailey judge made a ‘significant error’ in their actions. They should not be able to keep evidence seized in this way.

“Many of us are delighted that he has finally decided to fight his corner. He’s been under fire for 15 long years and yet has never been charged, let alone convicted.

“It’s the opposite of British justice – guilty until proven innocent is not how things should work in this country. Let’s hope this is the first stage of a long overdue fightback, and not the last.”

The former duke claims police seized personal items while searching his homes
Mr Mountbatten-Windsor did not attend the High Court hearing on Thursday, and his barrister made no submissions.

Senior officers from Thames Valley Police went to an Old Bailey judge on Feb 18 to apply for search warrants under two sections of the Police and Criminal Evidence Act.

The judge decided they only required one of the warrants, but the one issued did not allow the police to seize items covered by legal privilege, including business records and confidential journalistic material.

In Thursday’s ruling handed down by Mr Justice Hilliard, he said an agreement had been reached between Mr Mountbatten-Windsor and Thames Valley Police that the search warrant issued was unlawful.

However, the police have made a legal application to hold on to the material under a different provision.

Mr Justice Hilliard said: “I will have to decide whether the new application is granted or not. The fact the search warrants have been quashed does not bring the investigation to the end or mean the whole investigation is unlawful.”

A spokesman for the force said: “The initial court’s decision to issue warrants under the specific piece of legislation used was incorrect, and therefore these must be legally quashed.

“Legal proceedings are currently ongoing to decide how material seized during the searches will be managed and whether we can lawfully retain it in support of our ongoing investigation.

“Our investigation into alleged misconduct in public office by a man in his 60s from Norfolk remains ongoing, and we continue to pursue all reasonable lines of inquiry to effectively and fairly progress this investigation.”

What is misconduct in public office?

Despite this, the ruling will be seen as a significant blow to the police investigation, which was already rumoured to have been in trouble because of the reluctance of the US authorities to supply unredacted versions of the Epstein files.

Mr Mountbatten-Windsor was stripped of his titles and evicted from Royal Lodge last autumn amid a public scandal about his relationship with Epstein.

His arrest on the morning of his 66th birthday was the first time a senior member of the Royal family had been held by police in modern times.

Mr Mountbatten-Windsor has always maintained his innocence and, with misconduct in public office a notoriously difficult charge to bring, is confident of clearing his name.

His legal claim against the police and courts is thought to be the first time a member of the Royal family has challenged the lawfulness of criminal proceedings against them since the trial of Charles I in 1649.