By Aaron Miller-
A Manhattan federal court judge ruled on Wednesday that a lawsuit brought by Prince Andrew’s accuser, Virginia Giuffre, can proceed as the law prohibits at this stage of the proceedings, the defendant’s efforts of casting doubt on the truth or falsity of the allegations against him , even though his efforts may be permissible at trial”.
The unfavourable ruling comes as a blow to the Prince, whose attorneys were less than brilliant in their legal tactics designed to throw the case off course, using a predictably doomed argument elite lawyers would have been expected to avoid.
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Prince Andrew strenuous denial of the allegations against him were based on three grounds. They were a $500,000 settlement with Epstein in 2009; an argument that the law under which Giuffre sued was unconstitutional; and the contention that Giuffre’s claims were too vague. Those arguments failed and were dismissed out of hand by the presiding judge.
The judge’s motion to dismiss the lawsuit was outlined in a comprehensive 46 page document, forcing the British Monarch’s son to face serious allegations in open court before a very interested world media.
Prince Andrew strenuously denies the allegations, and efforts of lawyers of the prince to get Giuffre’s lawsuit were dismissed on three grounds. They were a $500,000 settlement with Epstein in 2009; an argument that the law under which Giuffre sued was unconstitutional; and the contention that Giuffre’s claims were too vague. Those arguments failed and were dismissed out of hand by the presiding judge.
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Giuffre has accused the late financier and sex offender Jeffrey Epstein and his then girlfriend Ghislaine Maxwell, of forcing her into having sex with prince Andrew when she was 17.
Giuffre filed a civil suit against Andrew on 9 August last year, using a New York state law that provides a window for survivors of childhood sexual abuse to sue, even where the alleged crimes took place outside the statute of limitations. She accuses him of battery and intentional infliction of emotional distress.
Once initial abuse had occurred, Epstein manipulated his victims with a combination of promises, threats, and surveillance, court documents say. At its heights, Epstein’s abuse scheme, managed principally by Maxwell was intercontinental.
The deceased billionaire paedophile used his private jet to traffic dozens of minors at his Newyork City mansion, his New Mexico ranch, his private Islands in the U.S virgin Island, his palm Beach Florida Estate and elsewhere. In 2008, he pleaded guilty in Florida for procuring a minor for prosecution’.
Prince Andrew has the option of filing for a motion of reconsideration or he could take his appeal straight to the second circuit court of appeals, but his legal argument is worse than weak. Higher legal expertise is expected of attorneys for Prince Andrew in a case with a level of significance as this.
The $500,000 confidential settlement with Jeffrey Epstein to release “any other person” involved in the case from litigation in exchange for $500,000. The release is irrelevant to Ms. Giuffre’s claim against Prince Andrew,” according to her lawyers “The release does not mention Prince Andrew.”
Guiffre Attorney David Boies discredited the Prince’s claim, Andrew could not have been a “potential defendant” covered by the settlement, because he wasn’t subject to jurisdiction in Florida and that case involved federal claims of which the British royal wasn’t a part. Andrew was also unaware of the release at the time it was signed, Boies said.
Virginia Giuffre’s lawsuit against Queen Elizabeth’s second son is barred by that language, newly revealed in documents unsealed on Monday, Andrew claims. But her lawyer, David Boies, says it’s a red herring.
The document details Ms Giuffre agreed to “release, acquit, satisfy, and forever discharge” Epstein and “any other person or entity who could have been included as a potential defendant”.
The document continues: “It is further agreed that this Settlement Agreement represents a final resolution of a disputed claim and is intended to avoid litigation.
“This settlement agreement shall not be construed to be an admission of liability or fault by any party.
“The parties further confirm and acknowledge that this Settlement Agreement is being entered into without any duress or undue influence, and that they have had a full and complete opportunity to discuss the terms of the Settlement Agreement with their own attorneys.”
With the case in full motion, the stage is set for one of the most dramatic cases in U.S history, barring a remarkable out of court settlement to chuck the case right out of the window.
Prince Andrew had originally insisted never to have met Guiffre, until a picture of the pair emerged with his arms around her, sharply casting doubt at his claims. A man and two women stand in a house looking at the camera.
Virginia Giuffre has accused Prince Andrew of forcing her to have sex more than two decades ago, an allegation he denies.
The prince will have the potentially challenging task of proving he was unaware that Guiffre never had sex with him, or that he was never aware that she had sex with him against her will.
The added dimension of her agae falling under the legal age of consent in the U.S even within the realms of a consensual arrangement is hugely problematic, directly at odds with the legal age of 16 in the legal jurisdiction of the Uk where he is a automatically a man of significant importance by way of genetic lineage.
Prince Andrew photographed with his accuser Virginia Giuffre in more relaxed circumstances Image:supplied
Prince Andrew, Garabedian said, “is going to try to show that the allegations are not true, and in order to do so, he is going to use standard discovery tools – such as depositions, production of documents, investigations, speaking to collateral sources.
“Ms Giuffre will be doing the same. In addition, she will have to reveal the history of her entire life, since she’s claiming emotional distress. In other words, they’ll be looking at all of her records – involving education, hospitalization, therapy, employment, criminal or lack of criminal records, many many records – and they’ll be speaking to sources who might testify in Prince Andrew’s favor, but who’ve known Ms Giuffre.”
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