French prosecutor opens preliminary criminal investigation into publication of topless Duchess photos

A French prosecutor has opened a preliminary criminal investigation into the publication of topless pictures of the Duchess and Duke of Cambridge.

The preliminary probe follows a complaint lodged by the British royal couple yesterday.

The inquiry, which could take months, will allow the prosecutor to decide whether to proceed with a full investigation into whether taking and publishing the pictures breached the couple's right to privacy under French law.

The prosecutor will also have to decide who any criminal proceedings are directed against.

The royals' complaint cites “persons unknown” but it is understood they want proceedings brought against both the editor of Closer magazine, which published the photos on Friday, and whoever took the images of the couple sunbathing at a chateau in Provence earlier this month.

Separately, William and the former Kate Middleton are seeking an injunction to prevent further publication of the pictures, which have already been reprinted by publications in Ireland and Italy.

A French judge is due to rule on the injunction request at midday today French time.

In court yesterday, Aurelien Hamelle, a lawyer for the royal couple, said the Duchess was a "young woman, and not an object" and the photos were from a "highly intimate moment".

Bringing the civil action, he said his clients were not demanding the magazine be pulled from shelves, as "the damage is done", but they did not want any more copies printed of last Friday's edition that contained the controversial pictures.

Drawing a parallel with the "useless, morbid and fatal hunt" by paparazzi that led to the death of William's mother Princess Diana, Mr Hamelle urged the judge to grant an injunction against all republishing of the photographs in print and in digital form and to ban their resale.

Mr Hamelle asked the court to fine the magazine 10,000 euro (£8,070) a day for each day the injunction is not respected, and 100,000 (£80,720) if the photos are sold. The royals are also seeking 5,000 euro (£4,034) in damages.

French Closer contends that the pictures "are by no means degrading". Delphine Pando, a lawyer for the magazine and its publisher Mondadori media group, said it was an unreasonable request to demand an immediate end of printing last Friday's edition.

The lawyer also denied Mondadori tried to sell the images to other media organizations, saying the rights were with the photographer or an agency.

Source: The Telegraph UK (18/09/2012): http://www.telegraph.co.uk/news/uknews/kate-middleton/9549917/French-prosecutor-opens-preliminary-criminal-investigation-into-publication-of-topless-Duchess-photos.html