@kirinm because he said he couldn’t remember reading them and then also said they caused him distress.
the KC seems to be foundling down on this - linking (or not) distress to specific articles chosen.
Don’t mistake me - if there is evidence of hacking then Harry absolutely deserves to win - certainly the press are and have been immoral, unethical, you name it - they deserve NO pity. But that does not mean they broke any laws, no matter how wrong it may feel.
Harry has to prove that illegal activity took place.
If he wasn’t consciously aware of the articles his lawyers have chosen at the time, then the defence could argue that he couldn’t have possibly been distressed by something he was unaware of.
So once you cast doubt on that part, it leaves the door open for the defence lawyer to cast doubt on other sections also. That’s how legal defence/prosecution arguments work.
He could lose simply on a technicality or use of careless language. He MUST be specific and precise to win.