Prince Andrew was unable to get the US sex case against him thrown out court after a New York ‘brutal hearing’.
A judge told the royal he would find out ‘pretty soon’ – most likely within days – if his bid to have the lawsuit dismissed would be successful.
The Queen’s child was not happy with Judge Lewis Kaplan who put his legal team through an unpleasant encounter in a New York make-or break hearing yesterday.
Andrew’s lawyer was seeking to persuade the court that his accuser, Virginia Roberts, had waived her right to sue him when she signed an earlier £370,000 ($500,000) legal settlement with paedophile Jeffrey Epstein, the duke’s friend.
Miss Roberts (38), one of the most prominent victims of the billionaire sexual offender, says she was trafficked and sex-dated by Ghislaine Maxwell. She claims that she had sex three times with Andrew when she was 17 years old.
He denies all claims, and insists that he doesn’t remember ever having met her.
Prince Andrew was unable to get the US sex case brought against him thrown out court after a New York ‘brutal hearing’. Pictured: The Duke and Duchess of York leave his Royal Lodge residence
Virginia Roberts was 17 years old when the Duke of York photographed him with his arm around Virginia’s waist. Ghislaine Maxiwell can be seen in the background. Roberts claimed she was made to have three sex sessions with the royals
Miss Roberts (38), claims that she was just 17 when she had three sex sessions with Andrew in 2001, under Epstein’s orders
Judge Kaplan seemed to be mostly disapproving of arguments from Andrew Brettler, the lawyer for the Duke.
He said that part of the 2009 settlement protecting ‘other potential defendants’ that Andrew’s lawyers had appeared to be leaning on was ‘unclear’ and pointed to two sentences in the text that seemed to suggest it could not be used by Andrew.
Judge Kaplan also pointed to language in the agreement stating it is ‘not intended to be used by any other person’ to protect themselves from lawsuits without the agreement of Giuffre and Epstein – again suggesting Andrew could not rely on it.
Although he didn’t immediately rule on the matter at the conclusion of the hearing. However, Andrew made it clear that he wasn’t leaning Andrew’s direction. He rejected many of Mr Brettler’s reasoning, which stated the case “should definitely be dismissed”.
Judge Kaplan said to the parties: “I appreciate your arguments and your passion.” I will make the decision soon. But he directed that the exchange of potential evidence in the case was to proceed as scheduled – which was seen as an indication he would likely rule against Andrew’s motion.
Sources familiar with the proceedings described yesterday’s hearing as “brutal” for Andrew. Judge Kaplan made several comments in the arguments of Mr Brettler during an hour-long hearing that was held by video conference thanks to Covid.
Prince Andrew hired Hollywood lawyer Andrew Brettler (right), to represent him during the sexual assault case against him brought by Jeffrey Epstein victim Virginia Roberts Giuffre.
Andrew’s lawyer was seeking to persuade the court that his accuser, Virginia Roberts, had waived her right to sue him when she signed an earlier £370,000 ($500,000) legal settlement with paedophile Jeffrey Epstein, the duke’s friend. The 2009 settlement between Jeffrey Epstein, Virginia Giuffre and the Duke was not sealed on Monday
He once told him: “With all due Respect, Mr Brettler. That’s not an animal that’s going hunting here.” Another time, he directly asked the lawyer: “So What?”
Prominent legal figures suggested the case had gone against Andrew following tough questioning and the skepticism from Judge Kaplan over the arguments.
Mitchell Epner is a former federal prosecutor and now counsels law firm Rottenberg Lipman Rich. He told The Times that it couldn’t have been worse from Andrew’s perspective.
‘Judge Kaplan made it very clear that he did not accept the arguments that Prince Andrew’s counsel was making with regard to the settlement agreement.
‘There were a number of times where Andrew’s counsel was reduced to saying, “Well, I respectfully disagree.” In the courtroom, respectfully disagreeing with the judge means you are about to lose.’
Lisa Bloom, an American trial lawyer who has previously represented Harvey Weinstein as a rapist and has been closely following these proceedings tweetedAndrew wants to have her case overturned on technical grounds. Judge Kaplan aggressively challenged defense and seemed unwilling to answer.
“I am optimistic Virginia will win her case in court.”
Yesterday, David Allen Green (an English writer and lawyer) suggested that Andrew’s attorneys had to overcome ‘four obstacles’ in order to win their case.
‘To win, Andrews lawyers have to show that: agreement as whole can be constructed so as to cover him; the phrase “potential defendant” should be interpreted to cover him; there is no rule of law/policy that prevents enforcement; he can enforce it without privity.’
Virginia Giuffre’s lawyers, he claimed, “only need to meet one these hurdles.”
Prince Andrew appears on BBC Newsnight November 2019. Andrew says that Ms Giuffre claimed that they shared a dance at London nightclub. However, he said that it was because he had a health condition at the time.
Prince Andrew, Jeffrey Epstein and Prince Andrew walk in New York’s Central Park following his 2011 release from prison
Andrew saw yesterday’s hearing as his last chance to have the civil suit dismissed before the trial in autumn. This would put a damper on the Queen’s Platinum Jubilee Year. The duke was not liable for the agreement Miss Roberts and Epstein made in 2009.
Miss Roberts agreed to release, acquit and satisfy Epstein, as well as any other entity or person that could have been considered as potential defendants, in the settlement. Under her married name Giuffre, she is currently suing the prince.
Yesterday, Mr Brettler claimed that Andrew would be in the list of potential defendants. He said: “I don’t even know who would be added if not all the others who… Giuffre accused of abusing her.”
I believe that Prince Andrew could be sued in 2009’s action. He didn’t.
She could have sued them but did not. So she gave up on her rights to sue after she signed the release and received the money from Epstein.
Judge Kaplan dismissed this argument and stated that ‘potential” was a term in which neither Mr Brettler nor he could find any meaning.
He said that the ‘real question’ is what Miss Roberts and Epstein intended when they entered into the settlement – and the financier, who killed himself in 2019 while awaiting trial on further child sex charges, was not around to say.
Miss Roberts claims that Andrew does not get any protection from the deal. It is thought that the Prince listened to Windsor during the hearing.
According to The Daily Mail, Andrew’s legal team won’t appeal the decision to dismiss the case if it is denied. However, they have other options available to them in order to end the lawsuit.
It is also possible that Miss Roberts (who lives with her family in Australia) may not be a US resident, rendering her case unconstitutional.
Release of the settlement between Jeffrey Epstein, Virginia Giuffre Andrew is not mentioned in the document.