Why radio DJs responsible for Kate Middleton hospital prank call didn't face any criminal charges

Warning: This article contains discussion of suicide which some readers may find distressing

In December 2012, the Princess of Wales was pregnant with Prince George and suffering from hyperemesis gravidarum - an extreme and excessive form of pregnancy sickness - resulting in her being admitted to a London hospital.

It was while she was admitted to King Edward VII’s Hospital that two Australian radio hosts were caught up in a controversial prank that ended up having catastrophic consequences.

Michael Christian and his co-host, Mel Greig, were working at 2Day FM radio, when they were involved in a prank call to the hospital where Kate was staying.

The two DJs pretended to be the late Queen Elizabeth and Prince Charles to gain access to information about the Princess of Wales.

At the time, the duo’s impressions were able to convince a nurse called Jacintha Saldanha that they were the Royals who wanted to check up on Kate.

Saldanha, a 46-year-old mother-of-two, answered the call before transferring the hosts to the ward Kate was staying in, which is when private medical information was disclosed by another member of staff.

Kate Middleton had been in hospital while pregnant with Prince George (LEON NEAL/AFP via Getty Images)

Sadly, after realising she had been fooled, the Saldanha took her own life three days later.

In a note written beforehand, Saldanha expressed her anger at the presenters and blamed them for her suicide, according to The Times.

Following the tragic incident, Christian and Greig were condemned for their actions and received death threats.

Many people also wondered why the radio presenters never faced any criminal charges.

Back in 2012, one barrister said the pair could face charges under the Data Protection Act. Hugh Tomlinson QC explained: "It appears that, in the course of the prank call the Australian DJs obtained personal data relating to the Duchess of Cambridge – about her medical condition.

"This was without the consent of the data controller, which in this case is the King Edward VII hospital. There is no difference between obtaining private information as a 'prank' and obtaining it to sell or publish. As a result, it appears that the two DJs may be guilty of an offence under section 55 of the Data Protection Act."

If they were prosecuted in the UK, the pair could have been fined £5,000 under the act.

Michael Christian and his co-host, Mel Greig, were involved in a radio prank (Today Tonight)

However, following an investigation, the Crown Prosecution Service said there was no evidence to support the charge of manslaughter. Investigations into offences under the Data Protection Act, the Malicious Communications Act 1988 and the Communications Act 2003, were warranted.

Despite this, they explained it was not in public interest and the investigation was dropped.

Malcolm McHaffie, deputy head of special crime at the CPS, said at the time: "It is not possible to extradite individuals from Australia in respect of the potential offences in question. However misguided, the telephone call was intended as a harmless prank.

"The consequences in this case were very sad. We send our sincere condolences to Jacintha Saldanha's family."

Over 12 years on from the prank and Christian has filed a lawsuit against his employer, Southern Cross Austereo (SCA).

He claims he was ordered to make the call by the production team and had only been days into his on-air role.

The pair were working at 2Day FM Radio at the time (Don Arnold/Getty Images)

The Telegraph reports Christian said the call breached the Australian Communications and Media Authority code of practice and should never have been able to come to fruition, as per the lawsuit.

He went on to say that after Salganha’s suicide, the broadcasting company promised to support its on-air staff if their jobs led to controversy, but he didn’t receive any.

Christian’s lawyers wrote, as per local outlets: “SCA did not immediately take public accountability for the incident, but rather allowed [Christian and Greig] to be left exposed to relentless public vitriol, harassment and abuse, including death threats. The radio presenters were left by SCA as the convenient fall guys and scapegoats for SCA management decisions and non-compliance.”

Tyla has previously reached out to Southern Cross Austereo for comment.

If you’ve been affected by any of these issues and want to speak to someone in confidence, please don’t suffer alone. Call Samaritans for free on their anonymous 24-hour phone line on 116 123.