The controversial photos of Middleton, 30, sunbathing topless with Prince William, 30, while on vacation in the South of France were taken back in September and published in the French publication Closer. The publisher, Ernesto Mauri, and the unnamed photographer at the regional newspaper, La Provence, were indicted in a French court.
The royal couple filed a lawsuit against the magazine immediately after the photos were published and Closer has been under criminal investigation since September. Following the incident, a St. James's Palace spokesman told ET:
"Their Royal Highnesses have been hugely saddened to learn that a French publication and a photographer have invaded their privacy in such a grotesque and totally unjustifiable manner…It is unthinkable that anyone should take such photographs, let alone publish them."