delete text messages from iphone 5 so they won't show if the phone is forensically tested?

I

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My wife is sueing her employer for sexual harassment and we've had his phone forensically tested as he sent dozens of texts and she sent dozens asking him to stop it - unfortunately my wife was mugged in London and they stole her phone and she hadn't backed it up - the forensic analysis has come back and the months in question have no messages sent or received on his phone, which is strange as I saw them - can he have them permanently deleted? Thank you for any help
 

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