Whisper it, but the tide may be turning for one of Britain’s most unpopular, and unfortunate, men. The news that Thames Valley Police have admitted to using unlawful warrants to search Andrew Mountbatten-Windsor’s homes when he was arrested earlier this year is undeniably a victory for the beleaguered former Duke of York. It also might well be the beginning of the end for the police investigation into allegations of his misconduct in public office.
There was widespread skepticism when it was announced that Andrew would be taking the police to court, and Buckingham Palace sources were quick to stress that the King would not be funding any part of the legal process. But Andrew has now won the first round at the Royal Courts of Justice. Mr. Justice Hilliard said that “agreement was reached between the claimant and Thames Valley police that the search warrants were unlawful,” because of the wrong legislation being applied. Which, in turn, could potentially mean that any evidence gathered as a result of these warrants – at either Andrew’s former home of Royal Lodge or his present residence of Marsh Farm at the Sandringham Estate – is inadmissible. If so, there is a good chance that the entire police investigation, which has lasted for eight months and presumably cost a great deal of public money, will have been in vain.
There was one small crumb of consolation for Thames Valley Police. The judge made it clear that, “the fact that the search warrants were quashed does not bring an investigation to an end, or mean that the whole of the investigation was unlawful.” Had he not made such a statement, you could have imagined the case against Andrew collapsing immediately.
Yet now, Thames Valley Police are in a dangerous interim period. Whatever material they have gathered during their hunt could be challenged as a result of today’s judgment. The force’s bullish statement that “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… alleged misconduct in public office by a man in his sixties from Norfolk remains ongoing” feels like a holding pattern. Behind the scenes, senior officers will no doubt be scrabbling around, wondering what to do next.
I speculated a couple of days ago whether Andrew, who has been cast out of both Britain’s royal family and polite society more generally, is having what amounts to a miniature comeback, with invitations to kitchen suppers from well-heeled and sympathetic gentry. Certainly, his public popularity shows no sign of rising from its current nadir, and it is inconceivable that he will ever be received back into the bosom of “the Firm” – unless or until every single allegation against him is categorically disproven. Given the death of his chief accuser Virginia Giuffre, such an outcome is unlikely, if not wholly impossible.
Still, although it is largely a technical victory for Andrew Mountbatten-Windsor, and one that could well be undone, it is still a victory. For a man who has had little good news in the past few years – many would argue justifiably – he could be forgiven for emitting a rare cheer.
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