Prince Andrew‘s lawyer has argued that the sexual assault case in opposition to him must be dismissed as a result of it is ‘baseless,’ a court heard on Monday.
The Duke of York’s legal professional Andrew Brettler informed the federal court in New York that the lawsuit filed final month was a ‘non-viable and doubtlessly illegal’ case.
Brettler, of powerhouse Hollywood regulation agency Lavely & Singer, stated that Andrew had not truly been served papers filed by his accuser Virginia Roberts.
In court paperwork filed final Friday, Roberts’s legal professionals claimed that the prince had been served on August 27, when the paperwork was handed to a policeman at the gate of Royal Lodge in Windsor who stated he would cross them on.
The hearing is the first since Roberts, 38, sued Prince Andrew final month, alleging she was pressured to have intercourse with him when she was 17 – underneath the authorized age of consent.
Prince Andrew’s (pictured proper final January) legal professional informed the federal court in New York on Monday that the sexual assault lawsuit filed in opposition to him by Virginia Roberts (left) final month was a ‘non-viable and doubtlessly illegal’ case
Prince Andrew, Virginia Roberts, aged 17, and Ghislaine Maxwell at Ghislaine Maxwell’s townhouse in London, Britain, in 2001. Roberts claims she was pressured to have intercourse with Andrew on three events when she was simply 17 – underneath the age of consent in the US
It was not clear if the royal was listening in, however a person and girl talking in English accents have been heard talking forward of the court hearing.
‘We do contest the validity of service up to now, The Duke has not been correctly served underneath both UK regulation or pursuant to the Hague conference,’ Brettler informed the court Monday.
‘We have important considerations about the propriety of this lawsuit that is been filed.
‘We’ve been in correspondence with the High Court in the UK, and the High Court in the UK is going to have to find out whether or not service up to now has been affected correctly on the Duke.
‘We consider this is a baseless non-viable and doubtlessly illegal lawsuit that the plaintiff has filed.
‘There has been a settlement settlement the plaintiff entered into in a previous motion that releases the duke and others from any and all potential legal responsibility.’
The case was delayed for a couple of week for Roberts’s legal professional David Boies to make any requests to the court for assist with service.
But Judge Lewis Kaplan had a warning for all events, together with the prince.
Court paperwork present Prince Andrew employed Hollywood legal professional Andrew Brettler to symbolize him in the sexual assault case introduced in opposition to him by his accuser and Jeffrey Epstein sufferer Virginia Roberts Giuffre
‘There is a really swift approach of attending to the substance promptly, however you two (legal professionals) want to speak about that as a result of I can see loads of authorized charges being spent and time being expended and delay which finally will not be terribly productive for anybody,’ the decide stated.
During the 30-minute hearing, Roberts’s lawyer David Boies stated that in his view Andrew had been served underneath Article 10 of the Hague Convention.
Boies stated that ‘it is clear Prince Andrew has precise discover of this grievance and continuing.’
Brettler tried to argue that the Senior Master of the High Court in Britain wanted to weigh in as the subsequent step in the case underneath the phrases of the Hague conference.
Judge Kaplan had little time for this and stated that Brettler was ‘making this much more sophisticated than it actually is.’
Brettler responded that ‘the guidelines underneath Hague conference must be adopted…to guard a international nationwide.’
But Judge Kaplan stated that ‘I’m certain you realize that the Hague Convention is optionally available’, including that service may very well be effected upon a international nationwide underneath a US Federal Rule generally known as 4(f)(3) with out involving their authorities.
That rule affords extensive scope for serving a international particular person ‘by different means not prohibited by worldwide settlement, as the court orders’.
Judge Kaplan stated that he would seemingly grant that order and was ‘unlikely to alter my thoughts except I hear one thing new.’
According to a doc filed on Friday (above), an affidavit of service was served at the Duke of York’s residence in Windsor, England on August 27
Prince Andrew along with his ex-wife Sarah Ferguson leaving Windsor to drive to the Queen’s Balmoral property in Scotland final week
Prince Andrew (left) arrives at Balmoral along with his ex-wife Sarah Ferguson in the again of a Range Rover
The decide informed Brettler that there was ‘loads to be stated’ for Boies’s viewpoint that ‘you’ve a reasonably excessive diploma of certainty that he (Andrew) might be served prior to later’.
Judge Kaplan stated: ‘Let’s minimize out all the technicalities and get to the substance.’
Before the hearing ended Brettler tried to broach the challenge of the settlement settlement.
It was signed by Roberts in a 2009 settlement with Jeffrey Epstein and was utilized by US lawyer Alan Dershowitz to have a battery allegation she filed in a civil case in opposition to him dismissed.
Brettler referred to as it a ‘secret settlement settlement’ that would ‘launch the Duke of any legal responsibility as we suspect it does.’
Boies stated that making such a request to see the doc now was ‘a bit untimely’ and stated that he ‘disagrees with the characterization’ made by Brettler about what the doc comprises.
Judge Kaplan declined to order Boies at hand it over as one other decide in a separate case was making that call.
The case was delayed for round per week for Boies to make any requests to the court for assist with service, together with doubtlessly having the decide asking British officers to help.
Judge Kaplan set gave Brettler two weeks from the date Boies recordsdata his request, if it comes, to make any motions in response.
Both sides got dates to file further motions to the court earlier than an in-person hearing which was scheduled for October 13.
Brettler, of powerhouse Los Angeles regulation agency Lavely & Singer, has defended a number of celebrities accused of sexual assault in the previous. He is pictured left with the agency’s founder Marty Singer in 2019
Prince Andrew’s authorized staff run the threat of incurring the wrath of revered decide Lewis A Kaplan (left). His legal professional Andrew Brettler can even be taking up fellow authorized heavy hitter, David Boies, who is representing Roberts
Earlier on Monday – simply 4 hours earlier than the hearing was set to happen – Brettler filed a discover saying he could be representing the British royal.
Brettler said that he was showing ‘for the objective of contesting purported service of course of and difficult jurisdiction.’
It comes after the high-powered legal professional was employed to defend actor Armie Hammer, 35, earlier this yr in opposition to allegations that the actor has cannibalistic fetishisms and sexually and bodily abused a girl throughout their four-year relationship.
His different purchasers embrace director Bryan Singer who has been accused of sexually assaulting minors.
In an interview with the Hollywood Reporter in May, Brettler spoke out in opposition to the MeToo motion and stated there was an ‘assumption of wrong-doing simply based mostly on an accusation, even an nameless one.’
But in one other interview he stated that generally the greatest response ‘could also be to lie low.’
‘Sometimes the greatest protection is to not do something, is to just accept the punishment or no matter resolution it is that the firm made and keep quiet and higher your self as an individual. Make no matter apologies must be made, privately,’ he stated.
Hiring Brettler brings the formidable assets of Lavely & Singer – based by powerhouse celeb legal professional Marty Singer – onto Prince Andrew’s authorized staff.
Singer has been dubbed the ‘Hollywood lawyer who could make any downside go away.’
Among those that have turned to Singer throughout occasions of disaster have been Charlie Sheen and Bill Cosby.
Among the others he has represented embrace Michael Jackson, Tom Hanks, Naomi Campbell, Demi Moore, Eddie Murphy to call just some.
Prince Andrew is anticipated to seem in court Monday after reviews final week revealed he was served with the paperwork for the lawsuit on August 27 at Royal Lodge in Windsor by a personal investigator employed by Virginia Roberts’ attorneys.
The Duke’s legal professionals later disputed this and claimed that giving the doc to a policeman at the gate of the property didn’t represent correct service, authorized filings state.
Andrew has repeatedly denied any wrongdoing and claimed in an interview with the BBC’s Newsnight present in 2019 that he has by no means even met Roberts.
Roberts alleges that she was pressured to have intercourse with the Duke 3 times when she was 17 at the orders of the late pedophile Jeffrey Epstein, a former buddy of Andrew’s.
Court paperwork filed final week revealed the a number of methods Roberts’s legal professionals tried to serve Andrew with the papers, past sending an investigator to Royal Lodge.
In a car-crash 2019 interview with the BBC (above), Andrew claimed he had no reminiscence of ever assembly Roberts
Prince Andrew strolling with Jeffrey Epstein in Central Park, New York City in 2011 after the buddies left Epstein’s residence in Manhattan
Jeffrey Epstein and Ghislaine Maxwell in 2000. Epstein was discovered hanging in his cell in Metropolitan Correctional Center in New York in August 2019 whereas awaiting trial
That included sending copies of the grievance and summons to 6 completely different legal professionals from 4 completely different corporations they believed represented Andrew.
Timeline of one other dramatic month in the Prince Andrew case
- August 9: Virginia Giuffre recordsdata a civil case in New York claiming Prince Andrew sexually abused her aged 17
- August 10: Andrew arrives at Balmoral along with his ex-wife Sarah Ferguson, and is joined by Eugenie the subsequent day
- August 10: US legal professionals have been allegedly making an attempt to carry him up on his horse to serve him papers earlier than he left.
- August 12: Dame Cressida Dick says she has informed Met Police detectives to overview the claims in opposition to Andrew
- August 13: Ms Giuffre’s lawyer says Andrew will probably be served papers in particular person underneath the Hague Convention
- August 14: Epstein’s telecoms specialist says he’ll swear on oath that he noticed Andrew groping Ms Giuffre
- August 15: Andrew’s buddies say he is ‘cheerful and relaxed’ over the case in and can stay silent
- August 16: A supply near the US probe into Jeffrey Epstein says they view Andrew as a ‘particular person of curiosity’
- September 7: Andrew leaves Royal Lodge in Windsor and travels practically 500 miles to Balmoral in Scotland
- September 10: A court doc filed by Virginia Roberts’ authorized staff says Andrew was served with the paperwork on August 27.
- September 13: First phone convention in the case is scheduled at Manhattan Federal Court in New York
- December 8: Deadline for Andrew to be served with court papers in particular person underneath the Hague Convention
They despatched the identical paperwork to his public e mail account and despatched them through submit and FedEx to his handle.
Court paperwork present that Andrew’s lawyer Gary Bloxsome, of London-based Blackfords solicitors, claimed that didn’t represent correct service.
According to court paperwork, Bloxsome informed Boies in a September 6 letter: ‘We reiterate that our consumer reserves all his rights, together with to contest the jurisdiction of the US courts (together with on the foundation of doubtless faulty service)’.
Boies nonetheless stated in a authorized submitting that it was absurd to say that Andrew didn’t know he had been sued.
He wrote: ‘Attorneys at Blackfords, who he has apparently instructed to evade and contest service, have confirmed that Prince Andrew himself already has discover of this lawsuit and is evaluating his possibilities of success.’
The lawsuit claimed that Andrew was certainly one of the ‘highly effective males’ who Epstein loaned Roberts out to for intercourse.
It stated: ‘Prince Andrew’s actions represent excessive and outrageous conduct that shocks the conscience.
‘Prince Andrew’s sexual abuse of a kid who he knew was a sex-trafficking sufferer, and when he was roughly 40 years previous, goes past all potential bounds of decency and is insupportable in a civilized group’.
The lawsuit accused the Duke of York, 61, of ‘publicly feigning ignorance about the scope of Epstein’s sex-trafficking operation and sympathy for Epstein’s victims’ then refusing to cooperate with the FBI, regardless of promising to take action.
Roberts, who is now 38 and a married mother-of-three dwelling in Australia who goes by her married title, Virginia Giuffre, alleges the first time with the Duke was at the London townhouse of Ghislaine Maxwell, Epstein’s alleged madam.
The second time, in early 2001, was at Epstein’s New York mansion, and the third time was on Epstein’s non-public island in the Caribbean.
The formal allegations in opposition to the Duke are battery and infliction of emotional misery.
Under the declare for battery, the lawsuit states Andrew’s actions ‘represent sexual offences as outlined in (New York regulation) together with however not restricted to sexual misconduct as outlined (as) rape in the third diploma, rape in the first diploma’.
It additionally claims the Duke’s conduct amounted to ‘forcible touching, sexual abuse in the third diploma, and sexual abuse in the first diploma’.
The lawsuit states that Roberts has suffered ‘excessive emotional misery, humiliation, worry, psychological trauma, lack of dignity and vanity, and invasion of her privateness’.
Epstein hanged himself in 2019 whereas awaiting trial and Maxwell is as a result of go on trial in November for procuring underage women for him, allegations she denies.