Samantha Markle, the estranged half-sister of Meghan Markle, is once again trying to sue the Duchess of Sussex for defamation. Her first claim, which was thrown out in March last year, said Meghan portrayed her as a “lying, racist, fame-seeker”.
She claimed the Suits actress spread “demonstrably false and malicious lies” to a “worldwide audience” in both the book Finding Freedom by Omid Scobie and Carolyn Durand and on television.
Now, in an appeal, Samantha brings up Meghan’s comments from her interviews on Oprah in 2021 and the 2022 Netflix docu-series Harry and Meghan.
The Sun has cited legal documents that read: “Meghan knew what she was doing, and how to do it.
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“She destroyed Samantha publicly and on a global scale.
“She has made it so Samantha cannot work, or even enjoy the most mundane of activities, like going to the grocery store without harassment.”
The publication claims the documents were lodged in a Florida court just a couple of days before the Duchess’ 43rd birthday on August 4th.
Samantha’s lawyers content that the judge in the original lawsuit overlooked the implied defamation, resulting from the omission of certain facts.
The documents highlight that Samantha was portrayed as someone “who is out to harm Meghan and to capitalise on that harm caused”. It was added that “Oral argument is desired as the issues may require some clarification”.
Last year in March, Judge Charlene Edwards Honeywell found that Meghan was simply sharing an “opinion about her childhood” which can’t be disproved. Therefore, she was not liable for the claims made in the book.
THE FIRST DEFAMATION CASE
The first defamation case against Meghan continued as her half-sister Samantha and her legal team created a list of witnesses she wished to call on, including Oprah.
Samantha, who resides in Florida, commenced the legal proceeding after Meghan allegedly made false claims during the Sussexes’ interview with Oprah Winfrey in 2021 while discussing her childhood.
During the sit-down interview, Meghan said she “grew up as an only child” despite having two half-siblings. Samantha has claimed she was embarrassed and defamed by her half-sister’s statements.
The Duke and Duchess of Sussex were married in 2018 (Image: Getty)
The Duchess of Sussex’s legal team moved for the defamation case to be dismissed and said Meghan’s comments were more of a feeling rather than a fact.
“But this perception is inherently unfalsifiable. It is hard to imagine a more personal and subjective feeling than how one views their own childhood,” the documents by Meghan’s lawyers read.
“Meghan’s response to that question that she ‘grew up as an only child’ was obviously not meant to be a statement of objective fact that she had no genetic siblings or half-siblings.”
“RAGS-TO-ROYALTY”
Samantha has alleged that the “false and malicious lies” regarding Meghan’s “rags-to-royalty” story made her vulnerable to “humiliation, shame and hatred on a worldwide scale”.
The Sun revealed Oprah Winfrey is one of the witnesses Samantha wishes to call on and could be questioned by lawyers regarding the 2021 interview.
Meghan’s lawyer Michael Kump claimed Samantha’s legal team has “identified a whopping 19 non-party witnesses, including Prince Harry, Meghan’s mum, Oprah Winfrey.”
Michael added that Meghan’s comments made to Oprah are safeguarded by the First Amendment.
Samantha allegedly wants Prince Harry to undergo a deposition but it is believed this will unlikely occur.
Meghan has made few comments regarding her half-sister’s claims. (Image: Getty)
The judge set the trial date to begin on October 2, 2023 in the United States but should last no longer than five days as Samantha demanded the case be tried in a ‘speedy’ manner.
However, the trial is only expected if both parities cannot settle the matter during mediation.
The Duchess’ half-sister is seeking $108,000 AUD in damages.
“SHE CANNOT BE LIABLE”
Among the list of witnesses include authors Omid Scobie and Carolyn Durand – who wrote the biography Finding Freedom. Published in 2020, the book discussed Meghan and Prince Harry’s exit from the royal family.
Samantha attempted to sue Meghan over the novel but Meghan’s lawyers debunked the allegation and argued she cannot be sued for a book she didn’t write.
“Meghan did not make the statements; she cannot be liable for them. It is that simple,” the legal team stated.
However she has since “attempted to rescue her case” and said Meghan is responsible for the claims made in the book.
“To state the obvious, because Meghan did not write Finding Freedom, she cannot be liable for statements in the book. It really could not be simpler than that,” Meghan’s lawyer Michael said.
Samantha has claimed Meghan tried to destroy her and father Thomas Markle’s reputation; undermining their credibility to ensure “they could not interfere with or contradict the false narrative and fairy-tale life story concocted by the defendant”.
The case has reached a real turning point. (Image: Getty)
In the most recent ruling, Meghan and Harry will now have to submit to a gruelling interrogation after a judge refused to grant the couples request to stop depositions being taken.
As a consequence, the former working royals will be grilled by Samantha’s lawyers on subjects including whether the late Queen Elizabeth was racist.
But, not all is negative for the Duchess, a judge connected to the case warning that a dismissal may take place before the depositions occur.
According to the judge, Charlene Edwards Honeywell, after a ”preliminary peek” at Meghan’s request to dismiss the case there may actually be grounds to throw it out.
In March, however,
In her ruling, Judge Charlene Edwards Honeywell found these comments were either opinions, substantially true, or did not plausibly defame Samantha. And the case was dismissed with prejudice.
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