Prince Andrew now faces a alternative between settling Virginia Roberts Giuffre’s intercourse abuse lawsuit or going through a probably ruinous court docket battle through which he’s more likely to be be questioned about his sexual historical past.
A New York choose on Wednesday sensationally dominated that the Queen’s second son might be tried over allegations he sexually assaulted Miss Roberts when she was 17 — allegations which Andrew has categorically denied.
Specialists imagine that Andrew will need to pursue an out-of-court, and probably multimillion-pound, settlement with Miss Roberts, or face having his personal life be put within the highlight in a blockbuster trial in 9 months.
Nevertheless, there have been options that Miss Roberts, who claims she was trafficked by British socialite Ghislaine Maxwell and compelled to have intercourse with Epstein and his associates, is probably not ready to just accept a deal.
Witnesses together with Sarah Ferguson and Princess Beatrice may very well be requested to testify, Miss Roberts’s lawyer David Boies has claimed.
It’s doubtless the duke can be requested to present proof beneath oath as a part of the invention course of in what is named a deposition.
Nevertheless, he can’t be pressured to seem in New York to defend himself as a result of case being a civil go well with in a distinct authorized jurisdiction.
Andrew may merely refuse to acknowledge its existence — however the court docket would then cross a judgement in his absence, risking much more harm to his already-shattered repute.
That is how the subsequent steps may play out:
Choose Lewis A Kaplan’s choice is a large blow for Andrew, who now faces having to testify in open court docket
First, what did the choose determine?
Choose Kaplan rejected a movement by Andrew’s lawyer to have Miss Roberts’s intercourse abuse lawsuit thrown out.
The duke’s crew unsuccessfully argued that Miss Roberts had waived her proper to pursue the duke by signing a confidential settlement with Epstein.
The settlement, made public earlier this month, detailed how Miss Roberts had obtained a $500,000 payout in 2009 and agreed to ‘launch, acquit, fulfill and ceaselessly discharged’ Epstein and ‘every other individual or entity who may have been included as a possible defendant’.
Andrew B Brettler, the duke’s lawyer, had argued his shopper was a ‘potential defendant’ as outlined by the settlement and so the case ‘ought to be dismissed’.
However in his choice, Choose Kaplan mentioned the settlement ‘can’t be mentioned’ to profit Andrew. He careworn that his ruling doesn’t specific any view as to the reality of Miss Roberts’s allegations.
What occurs subsequent?
Because it stands, the case on the trail to a trial, and discovery (the ‘formal strategy of exchanging data between the events concerning the witnesses and proof they’ll current at trial’) is already underway.
Underneath Choose Kaplan’s timeline, each events should disclose their professional witnesses by Could 13, full discovery on July 14 and file a be a part of pre-trial proposal by July 28 — which would come with whether or not both facet needs a jury trial.
There’s a robust likelihood these deadlines can be altered.
What are the duke’s authorized possibility?
Except for continuing to battle the case in court docket, the duke has a lot of authorized choices accessible to him, together with:
Interesting right now’s ruling: Andrew may file a movement of reconsideration to Choose Kaplan, asking him to rethink his ruling. Or he may go straight to the second circuit court docket of appeals, the place it might be heard by a panel of judges.
If in addition they reject his movement, he may ask a second full second circuit to think about it. Another choice can be to go straight to the Supreme Court docket, which might then determine whether or not or to not hear the case.
Submitting for a dismissal: He may search to have the case dismissed by arguing that it can’t be heard in a US federal court docket as a result of each he and Miss Roberts — who’s an American citizen however lives in Australia — are based mostly overseas.
Settlement: Most American court docket instances finish in a monetary settlement agreed out of court docket earlier than the case reaches trial. She may search to extract an apology or an admission of wrongdoing as a part of the settlement, however Andrew has at all times strenuously denied the allegations.
Default: Andrew ignores the court docket summons, which means the court docket will rule in his absence.
Virginia Giuffre (seen together with her lawyer David Boies) accuses the royal of sexually assaulting her when she was 17, allegations he has at all times strenuously denied
Will Andrew attempt to settle?
It’s doubtless the duke can be requested to present proof beneath oath as a part of the invention course of in what is named a deposition.
Until there are every other motions to dismiss the case, the duke must attain a settlement with Ms Giuffre.
That is often a monetary settlement the place either side shuttle till a determine is reached.
Specialists have argued that Andrew is a ‘lifeless man strolling’ and can need to strike a cope with Miss Roberts.
Media lawyer Mark Stephens mentioned Wednesday’s ruling that Andrew is to face a civil sexual assault trial has ‘thrown a bomb’ into the center of the royal household and threatens to spark a constitutional disaster.
He informed the BBC a disaster of this scale was unprecedented for the royal household.
‘Prince Andrew has nowhere to go. He is successfully a lifeless man strolling so far as the royal household is worried,’ he mentioned. ‘However the one factor he can do is to just accept the duty, settle for the blame, settle for that he has to fall on his sword for the sake of the broader royal household.’
The duke denies the allegations made towards him.
What are the probabilities of the duke looking for to settle?
Insiders say the choice ‘stays on the desk’.
Andrew’s crew are understood to acknowledge the ‘attritional influence’ the case is having on the Royal Household, significantly because the Queen is because of have a good time her Platinum Jubilee this June with the specter of a scandalous intercourse trial hanging over her.
‘Clearly, it is a US case involving US attorneys and involving a US civil lawsuit,’ one supply mentioned. ‘In actuality, 99 per cent of US civil litigations are settled out of court docket. A settlement would at all times be an possibility on the desk, as that is the place the overwhelming majority find yourself. There’s additionally the broader stress and attritional influence to think about.’
Sources with data of the case have beforehand informed the Mail that no discussions have taken place but about whether or not the Queen’s son may — or ought to — agree a settlement with out legal responsibility being admitted. However neither had it been dominated out as an possibility, they mentioned.
Buckingham Palace has refused to remark, describing it as an ‘ongoing authorized matter’.
On the one hand agreeing a settlement would stop Andrew going by the humiliating expertise of being interviewed by Miss Roberts’s attorneys, who will be capable to query him about the whole lot from his sexual companions to the trivia of his dealings with Epstein and with Maxwell, discovered responsible final month of intercourse trafficking.
They could search solutions from different relations, together with his ex-wife Sarah and probably different senior royals.
What soiled laundry may very well be aired in court docket if a settlement will not be reached?
If a settlement will not be reached, then the duke’s personal life may successfully be put within the dock.
As a younger man, the ‘Playboy Prince’ was one of many world’s most eligible bachelors and earned himself the nickname ‘Randy Andy’ after being linked to a string of lovely ladies.
When a bachelor for a second time, Andrew once more made headlines, having been noticed cavorting with topless ladies on vacation in Thailand, and attending a ‘hookers and pimps’ occasion with Robert Maxwell’s daughter Ghislaine within the US.
It’s doable that ought to the lawsuit attain court docket, attorneys may drudge up Andrew’s sexual historical past and query him about the whole lot from his sexual companions to the trivia of his dealings with Epstein and with Maxwell, who has been convicted of intercourse trafficking.
Andrew additionally confronted being grilled over his capacity to sweat and his Pizza Specific alibi.
Throughout his ‘automotive crash’ BBC Newsnight interview in 2019, Andrew denied that he slept with Miss Roberts, saying one encounter in 2001 didn’t occur as he had spent the day along with his daughter Beatrice, taking her to Pizza Specific in Woking for a celebration.
The identical alleged sexual liaison, which Miss Roberts mentioned started with Andrew sweating closely as they danced at London nightclub Tramp, was later branded factually incorrect by the duke, who mentioned he had a medical situation on the time which meant he didn’t sweat.
Because of this, it’s doable that Andrew’s daughter Beatrice may testify in any US trial. Additionally it is doable that Andrew’s ex-wife Sarah ‘Fergie’ Ferguson — who herself has generated a few of the most humiliating royal scandals of recent instances — may give proof.
However a settlement would clearly do little to assist the 61-year-old prince clear his identify, and it’s unlikely to assist him obtain his long-held ambition of returning to public life in some type.
The Duke of York was photographed along with his arm across the naked waist of then 17-year-old Virginia Roberts. Within the background, Ghislaine Maxwell. Roberts claims she was pressured to have intercourse with the royal thrice
Might Andrew be pressured to seem in court docket?
Authorized consultants say Andrew couldn’t be forcibly extradited resulting from it being a civil case.
Edward Grange, extradition professional and associate at Corker Binning, informed MailOnline: ‘Briefly, extradition can’t happen for so long as the case stays inside the civil jurisdiction.
‘Prince Andrew would solely be at peril of extradition if he had been charged with a prison offence within the USA that carries a sentence of imprisonment of 12 months or extra.
‘Even then, while an extradition request may very well be made to the UK, little doubt cautious thought can be given as as to whether such steps ought to be taken on condition that it might be a really daring transfer for prosecutors to take due to the undoubted diplomatic headache it may trigger for the 2 jurisdictions.’
Mr Grange added: ‘If he had been to be charged with a prison offence within the US and if the US had been to hunt his extradition, his British nationality wouldn’t end in a dismissal of the request as Britain extradites its personal residents.’
Might Meghan, Charles or Fergie be requested to testify?
David Boies, Miss Roberts’s lawyer, has mentioned he plans to make a proper request by the UK court docket system to talk to 2 witnesses.
This raised hypothesis he needs to talk to Sarah, Beatrice, or one of many duke’s police safety officers. He has additionally speculated that Charles and Meghan Markle may be known as as witnesses if the case reaches court docket.
Mr Boies mentioned that the Duchess of Sussex was a possible witness as a result of she lives within the US and is topic to the jurisdiction of American courts. Nevertheless, there is no such thing as a proof Meghan was a ‘shut affiliate’ of Andrew or has any details about the claims towards him.
The remainder of the Royal Household are more likely to be extremely reluctant to present proof within the case and there’s no manner for Miss Roberts’s attorneys to drive them.
If Andrew loses the civil case may he face a prison go well with?
Defence lawyer Julie Rendelman performed down the prospect of any prison fees being filed over Andrew’s case.
She informed The Guardian: ‘I imagine that [Maxwell] is the ultimate piece by way of prison fees involving Epstein. I am fairly assured prosecutors spent this time evaluating each piece of proof to see if there’s anything.
‘I feel they realised the strongest case is Ghislaine, and that is what they went for.’