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William, Kate sue as topless pics spread

09:09 Tue Sep 18 2012
AAP
A French court is set to rule on the Duke and Duchess of Cambridge's request for a ban on further use of the topless photos of Kate
A French court is set to rule on the Duke and Duchess of Cambridge's request for a ban on further use of the topless photos of Kate

Britain's royals have gone on the offensive with a criminal complaint in Paris against a magazine that published photos of Prince William's wife, Catherine, sunbathing topless on the balcony of a French chateau.

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A court decision was meanwhile expected at 1000 GMT on Tuesday (2000 AEST) on the couple's request for an injunction banning the republication or resale of the photos, which their lawyer said were from a "highly intimate moment" and had no place in the public domain.

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The legal action came as an Italian magazine splashed the blurry pictures of Catherine frolicking in bikini bottoms across a special edition with the front-page headline: "The queen is nude!"

As the furore over the exposed royal breasts continued in Europe, the couple on a visit to the Solomon Islands appeared unperturbed when they were introduced to a group of topless South Pacific women.

The prosecutor's office in the Paris suburb of Nanterre said it had received a complaint against persons unknown from the royal couple.

The pair have said they want criminal charges for the alleged breach of French privacy law brought against both the gossip magazine Closer and the photographer, whose identity the publication has not revealed.

They are also seeking an injunction to prevent Closer - which is owned by Italian former prime minister Silvio Berlusconi's Mondadori group - from re-selling the images of the future queen in bikini bottoms and of William rubbing suncream on her behind.

At a hearing in Nanterre into the injunction request, lawyer Aurelien Hamelle said the pictures were taken "in a highly intimate moment during a scene of married life and have no place on the cover of a magazine."

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

He said they were not, however, requesting the withdrawal of current issues of Closer from news stands, saying "the damage is done".

The prince, who is second-in-line to the British throne, is furious over the images, which drew comparisons with press harassment of his mother, Diana, who died in a Paris car crash in 1997 while pursued by paparazzi.

No newspaper or magazine in Britain - whose racy, mass-selling tabloids have frequently been accused of unwarranted intrusion into the lives of the rich and famous - has announced plans to publish the offending photographs.

But the possibility of legal action failed to intimidate Irish or Italian titles, with the half-naked pics of Catherine sunning herself appearing on Saturday in a Dublin tabloid and in Italy's Chi magazine on Monday.

Chi, which like Closer is owned by Berlusconi's Mondadori group, produced a special edition featuring the grainy photos along with a series of articles over 28 pages on topics such as "Kate's breasts, natural or fake?"

The magazine's editor, Alfonso Signorini, argued that the pictures represented "extraordinary reportage".

"For the first time, the future queen of England was appearing in a natural way, without the constraints of etiquette," he wrote.

In 2006, Chi sparked outrage in Britain when it printed a photo of a fatally injured Diana being given oxygen at the scene of the high-speed crash in a Paris road tunnel in 1997, together with details from her autopsy.