The Duke of York has launched a 2nd bid to have his civil sexual abuse case thrown out of court, arguing that his accuser isn’t a US citizen as she has claimed.
The Duke’s legal professionals filed a movement on Tuesday to challenge the jurisdiction of the new York courtroom, arguing that “just lately came upon evidence” had come to light that solid doubt on Virginia Roberts Giuffre’s declare to be a resident of Colorado.
Their motion states that slightly, she lives with her husband and three youngsters in Perth, Australia, and due to this fact her grievance is invalid.
Ms Giuffre, 38, claims she was once pressured to have sex with the Duke on 3 separate events in 2001, while she was 17. She is seeking unspecified damages.
Federal court docket regulations don’t permit both events to an action to be international voters.
The Duke’s prison crew, led by means of Los Angeles-based attorney Andrew Brettler, has asked Lewis Kaplan, the judge, to halt proceedings whilst they look into Ms Giuffre’s residency standing.
they would like the invention procedure, which could contain individuals of the Royal family being subpoenaed, to be placed on hang even as written and oral evidence is taken from Ms Giuffre.
The movement argued that Ms Giuffre has lived in Australia for all however two of the prior 19 years.
“It Is undisputed that, on the time she filed this motion, Ms. Giuffre had an Australian driving force’s license and used to be living in a AU$1.9 million house in Perth, Western Australia, the place she and her husband had been raising their 3 children,” it brought.
“if truth be told, Ms. Giuffre’s ties to Colorado are very limited. She has not lived there due to the fact a minimum of 2019 – approximately two years before she filed this lawsuit against Prince Andrew – and probably, consistent with her personal deposition testimony, now not due to the fact that October 2015.”
The movement claimed that Ms Giuffre only recently registered to vote in Colorado, the use of her mom and stepfather’s mailing deal with.
It defined the timing as “suspicious”, including that it appeared to be a “calculated move” to support her “specious claim of citizenship in Colorado regardless of having moved to Australia a minimum of a year (if not four years) earlier”.
The court files said that she and Robert Giuffre, her Australian husband, moved to New South Wales in 2002 the place they lived for at least 11 years before temporarily relocating to Florida, where they stayed for 14 months.
Ms Giuffre is then stated to have moved briefly to Penrose, Colorado, in 2015 earlier than returning to Australia that October.
The Duke’s motion additionally accuses her of being “inconsistent” about her domicile preparations in her quite a lot of lawsuits referring to her time with Jeffrey Epstein.
Judge Kaplan is as a result of hear arguments on the Duke’s first movement to push aside the case on January 4.
He has argued that as Ms Giuffre was 17 – the age of consent in New York – on the time of the alleged offences, she will have to prove she was once compelled to have intercourse with him towards her will.
He also claimed that the “plain language” of a 2009 financial deal Ms Giuffre made with Epstein, the convicted sex wrongdoer, prevents her from suing the Duke.
If that attempt to get the case thrown out is unsuccessful, depositions have been anticipated to start directly, with an ordeal slated for next autumn.
David Boies, Ms Giuffre’s lead suggest, has found out that he plans to seek depositions from two British witnesses, who’re “with reference to Andrew who may have wisdom of his movements”.
He introduced: “That May come with his ex-wife. it could possibly be his brother.”
The Duke’s legal staff has branded the civil motion “baseless” and stated “sensationalism and innuendo have prevailed over the truth”.
Their response states that the Duke “never sexually abused or assaulted” Ms Giuffre and unequivocally denies her “false allegations”.