Prince Andrew’s demands for a ‘trial by jury’ to tackle sex abuse
allegations made by a Jeffrey Epstein ‘sex slave’ head-ons are a ‘bluff’ and a
desperate bid to ‘buy time’ to reach an out-of-court settlement with his
accuser, it was suggested by legal experts today.
Legal experts had predicted the Duke of York would seek a settlement
with Virginia Roberts Giuffre after the Queen dramatically stripped him of his
military roles, widely seen as the monarchy distancing itself from any
potentially damaging developments.
But Andrew has taken the decision to face Miss Roberts in a US court,
opening himself up to being cross-examined on camera by one of America’s most
feared trial lawyers, with embarrassing questions on everything from his sex
life and ‘private parts’ to what he has told his mother.
Media lawyer Mark Stephens earlier warned that the bombshell lawsuit
could ‘overshadow’ Her Majesty’s Platinum Jubilee – and ultimately risks
‘bringing down the monarchy’.
But he admitted it could be a final piece of ‘classic brinkmanship’ to
force down the reputed £10million settlement he may have to offer to Miss
Roberts, who now uses her married name Giuffre. He also speculated on whether
the duke is ‘bluffing’ and may still settle to avoid damaging the standing of the
monarchy.
‘I think he’s buying time for settlement. David Boies wants to get to
the Queen’s money, which won’t happen. But we are just 10 days from Ascension
Day and the beginning of the Platinum Jubilee,’ Mr Stephens said.
Kate MacNab, a solicitor at Reeds Solicitors, told MailOnline: ‘It may
seem like an odd route to take – betting on public opinion – after his
performance on Newsnight, but perhaps he is just biding his time?
‘Perhaps by agreeing to her initial wish of having a jury trial, he is
wanting to position himself as having nothing to hide? Perhaps this will force
an out-of-court settlement? All of this is speculation of course, but nothing
would surprise me at this stage.’
Miss Roberts claims that she was trafficked by Epstein and convicted British
socialite Ghislaine Maxwell, and forced to have sex with the duke three times
when she was a minor under US law. She says this amounted to rape, sexual
assault and battery.
Her New York attorney David Boies said his team seeks to ‘depose between
ten to 12 people’, and admitted this could include Andrew’s ex-wife Sarah, the
Duchess of York, as well as his daughters Princess Beatrice and Princess
Eugenie.
Lawyers for the Queen’s second son said that Andrew ‘hereby demands a
trial by jury on all causes of action asserted in the complaint’ because he
denies ‘any and all wrongdoing’. Experts say it further confirms why Her
Majesty ‘swiftly and ruthlessly’ forced Andrew to step down from his remaining
royal patronages and demanded he fights the case as a ‘private citizen’.
Mr Stephens went on: ‘The reason we think he’s got to settle is because
of the timing. Essentially this case is going to take up the rest of this year
and if it takes up the rest of this year, that’s the whole of his mother’s
Platinum Jubilee.
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The Queen was seen leaving Wood Farm in Sandringham, Norfolk this morning after Andrew demanded a ‘trial by jury
‘The only thing he could have
done to stop this getting worse is to have pulled the case and stopped it in
some way so there was no alternative news. This is going to be crippling if he
really is dead set on running this to a trial.’
He continued: ‘I can’t conceive that the Royal Family will allow him to
run this case and overshadow the Platinum Jubilee. It’s going to spark a debate
about the relevancy and appropriateness of the Royal Family. The more detail
that comes out the more there’s going to be a problem for the wider royal
family.’
Commenting on lurid details that may emerge from the trial, Mr Stephens
said: ‘For example, questions will be asked of Virginia Giuffre about the
prince’s body, any marks, his performance, what positions were adopted – every
detail that is conceivable to ask will be put to Andrew.’
Royal expert and former MP Norman Baker said Buckingham Palace ‘won’t
like’ what could come out at trial, warning: ‘This is going to be very
damaging’.
‘This morning the Palace will be looking on in horror at what Prince
Andrew is doing,’ he said, adding: ‘I suspect he won’t give evidence and will
allow his lawyers to handle it for him. Clearly, if he doesn’t give evidence
while pushing for a trial, that will not go down well with any jury.’
In his official response to claims made against him by Miss Roberts five
months ago, the duke issued 41 denials, rejecting all allegations of wrongdoing
– but said a further 40 times that he ‘lacks sufficient information to admit or
deny’ other claims.
He also submitted 11 defences calling for the case to be dismissed,
including that Miss Roberts’ claims should be barred by ‘her own wrongful
conduct’ and ‘unclean hands’. His decision to go ahead with the case puts him
in contravention with the Royal Family.
Legal commentator Joshua Rozenberg has said the Duke of York’s demand
for a jury trial is him stating ‘bring it on.
He told BBC Breakfast: ‘Those (a trial by jury) are certainly the words
with which this page 11 defence ends but it was Virginia Giuffre who asked for
a jury trial, demanded a jury trial, in her claim.
‘And so what you’ve really got here is Prince Andrew saying, “Bring it
on. Do you want a jury trial? I want a jury trial. Do you want to bring these claims?
Well, in that case, you have to prove everything that you’re saying because
I’m not going to admit to anything”’.
He added the case could still settle out of court but added that
‘nevertheless the prince is saying that he denies everything.
The duke submitted 11 reasons why the case should be dismissed,
including that Ms Giuffre’s claims are ‘barred by the doctrine of consent’ and
by ‘her own wrongful conduct’.
Andrew had not officially responded to the 73-point civil claim as his
lawyers almost immediately applied to a New York judge for it to be thrown out.
That was dismissed earlier this month, meaning he now needs to formally
answer the accusations against him.
Andrew’s eight admissions were limited to information already public,
such as that he is a UK citizen and resides at Royal Lodge on the Windsor
Estate.
He admits his walk with Epstein in Central Park in 2010 and staying at
the paedophile’s Manhattan mansion on the same trip, both caught on camera. But
in his rebuttal of Miss Roberts’ complaint, Andrew denies he ever sexually
abused her and refuses to ‘admit or deny’ her assertions that she was a victim
of Epstein.
He even – quite remarkably given photographic evidence of their
relationship over the years – denies being a ‘close friend’ of Epstein’s
girlfriend, Maxwell.
Andrew’s legal team also reject Miss Roberts’ accusation that he has
refused to co-operate with US authorities in their investigation of Epstein and
his co-conspirators, despite officials claiming he has done just that.
Andrew makes clear he continues to dispute Miss Roberts is resident in
the state of Colorado, which allows her to bring the case to the US.
Now a 38-year-old mother-of-three, she lives in Perth, Australia, and it
is understood Andrew’s legal team still intends to pursue this in a bid to get
the case thrown out.
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Over 15 pages of court documents filed at New York’s southern district court, Roberts, also referred to by her married name Giuffre (pictured in 2019 following a hearing in the Epstein case), claimed that the Duke of York ‘committed sexual assault and battery’ against her while she was aged just 17, requesting that a judge award ‘punitive damages’ for the ‘physical and psychological’ injuries she suffered
Regarding associations with Epstein, the royal admits he met him ‘in or
around 1999’ but rejects that Maxwell was a ‘close friend’ and claims he lacks
sufficient information to deny or confirm they were photographed ‘at numerous
social events together’.
He says he cannot admit or deny flight logs put him on Epstein’s private
jet or that he visited his private island. He confirms Epstein and Maxwell
attended his 40th birthday party in 2000 – but denies throwing Maxwell a
birthday party at the Sandringham estate that year.
Andrew says he ‘lacks sufficient evidence to confirm or deny’ if
photographic evidence of his alleged meeting with Giuffre even ‘exists’.
Friends of his had suggested the infamous picture could have been
doctored. He also claims he has insufficient information to know if he sent
emails to Maxwell saying he had ‘some specific questions to ask you about
Virginia Roberts’ in 2015.
His submission concludes with additional defence claims to say the case
should be dismissed for reasons including, Miss Roberts signed away a right to
sue in a legal agreement with Epstein, and accusations she also helped to
procure victims of Epstein amounted to ‘wrongful conduct and the doctrine of
unclean hands’. It adds: ‘Prince Andrew hereby demands a trial by jury on all
causes of action asserted in the Complaint’.
The Duke of York’s official rebuttal comes after a motion to dismiss the
case on a legal technicality at the beginning of January was denied, and could
see Prince Andrew himself take the stand in New York to argue his case in front
of jurors.
Legal experts had predicted Andrew would seek a settlement after the
Queen stripped him of his military roles, widely seen as the monarchy
distancing itself from any potentially damaging developments.
But Andrew has taken the dramatic decision to face his accuser in court
and become the first member of the modern royal family to submit to being cross-examined over serious allegations.
Roberts, who is referred to in case of documents by her married name
Virginia Giuffre, filed a civil suit against Prince Andrew in August 2021,
in which she formally accused the Royal of sexual abuse while she was
being trafficked by billionaire paedophile Jeffrey Epstein.
Over 15 pages of court documents filed at New York’s southern district
court, Giuffre claimed that the Duke of York ‘committed sexual assault and
battery’ against her while she was aged just 17, requesting that a judge award
‘punitive damages’ for the ‘physical and psychological’ injuries she suffered.
Prince Andrew has always vehemently denied
all charges.
Boies went on to say his client and legal team were anticipating
‘confronting’ the royal about his ‘denials’.
‘We look forward to confronting Prince Andrew with his denials and
attempts to blame Ms Giuffre for her own abuse at his deposition and at trial.’
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Andrew’s
attorneys had unsuccessfully argued that Giuffre’s case should have been thrown
out because of a newly-unsealed $500,000 settlement with Jeffrey Epstein
(pictured). Brettler argued the settlement protected Andrew because it
contained a clause in which Giuffre agreed not to take legal action against
‘potential defendants’. But Judge Kaplan denied Andrew’s motion to have the
case dismissed ‘in all respects’
Giuffre asserted that she met Andrew while she travelled frequently with
Epstein between 2000 and 2002 when her lawyers maintain she was ‘on call for
Epstein for sexual purposes’ and was ‘lent out to other powerful men,’
including Andrew.
She accuses Andrew of sexually abusing her at the London home of
Maxwell, at Epstein’s New York mansion and Epstein’s private island, Little St
James.
Her lawsuit said she still suffers significant emotional and
psychological distress and harm.
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Andrew was only able to sell the property
(pictured above), called Chalet Helora, after settling a £6.6million debt to
French socialite Isabelle de Rouvre, 74, who sold it to him and Sarah Ferguson
in 2014 also for £18million
Epstein, 66, took his own life in August 2019 while awaiting trial on
sex trafficking charges.
But there is widespread speculation that he was murdered while in
custody to prevent him from compromising powerful individuals in the US and
abroad thought to be associated with him.
