PRINCE Harry was accused of wasting time by failing to attend the first day of his phone hacking trial — because he was busy celebrating his daughter’s birthday.

The Duke of Sussex was ordered to be available to give evidence against Mirror Group Newspapers.

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But he only flew in from the US on Sunday night after marking Lilibet turning two.

Justice Fancourt told the High Court he was surprised Harry, 38, was not in court on stand-by for the witness box.

The judge reminded his legal team he had directed that the King’s son be available yesterday.

But Harry’s barrister David Sherborne KC, claimed his client was in a “different category” and that it was a “little tricky” to get him to court, blaming travel and security difficulties.

Andrew Green KC, for MGN, told the hearing: “It is absolutely extraordinary that we were told only yesterday that he was not available for day one of his trial.

“We are deeply troubled by that.

“We have done everything we can to be responsible and not waste court time.

“Now we are going to have some wasted time this afternoon.”

Today Harry will become the first royal questioned in a UK courtroom for 130 years.

Cross-examination — which could tackle stories of his drug use and relationship with ex Chelsy Davy — are expected to last up to two days after the judge granted barristers more time to grill him under oath.

It means Harry will be in the UK longer than for the Coronation.

Last month he spent 28 hours here before flying back to California for son Archie’s fourth birthday.

Yesterday, his lawyer Mr Sherborne told the court: “The Duke of Sussex is attending tomorrow to give evidence.

“He flew yesterday evening from Los Angeles after his daughter’s birthday.”

He told the court his opening submissions would take three hours, meaning Harry would not be needed until Tuesday.

But Justice Fancourt replied: “I’m slightly surprised in light of direction at earlier stage.”

Sherborne added: “He is in a different category from the three other claimants due to his travel and security arrangements.

He also claimed getting Harry to court was a “little tricky”.

And he said: “It was never anticipated the openings would not take the whole day.”

Mr Justice Fancourt replied: “It was anticipated that they might — which is why I directed that the first witness should be available.”

The judge also ticked off Harry’s legal team after Mr Sherborne’s opening submissions overran by 25 minutes.

He said: “We really can’t keep having timetable chaos on a day by day basis. We really must get on.”

Mr Sherbourne had said unlawful activities were “habitual and widespread” at MGN between 1996 and 2011.

He claimed there was no time in Harry’s life when he was safe from phone hacking and blagging.

But Mr Green called Harry’s claims “rather fantastical”.

He said: “There’s no evidence capable of finding that the duke was ever hacked let alone hacked on a habitual basis.”

The case was eventually adjourned at 4.38pm.

Several high-profile figures, including Harry, are bringing damages claims against MGN over alleged unlawful information gathering at its titles.

The publisher has apologised unreservedly to Prince Harry for unlawfully gathering information about him but denies phone hacking.

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