- Virginia Giuffre’s plan ‘reasonably calculated to bring papers to his attention’
- A judge said it did not matter if the Duke had ‘authorised’ the lawyer to accept them
- Earlier the prince had challenged a decision of the High Court, he could be served with his
- This comes as the Duke of York’s mood has reportedly changed over the past few days
- He is said to have become ‘anxious’ and ‘not his usual fault’ amid claims
A US judge has dealt another blow to Prince Andrew’s attempt to avoid being presented with sexual abuse legal papers, saying they could be given to his LA-based attorneys instead.
He said Virginia Giuffre’s plan to hand them over to her US attorney was “reasonably calculated to bring the papers given to the defendant’s attention”.
District Judge Lewis Kaplan in Manhattan did not matter whether the Duke of York had ‘authorised’ the lawyer to accept him.
The attorney, Andrew Breitler, had no immediate comment and Ms Giuffre’s lawyers did not immediately respond to requests for comment.
Earlier, Prince challenged the High Court’s decision that he could be given papers in his American sex case.
In what was being seen by Duke as another delay tactic, his legal team said it would reverse the decision on legal technicalities.
This comes as Rajkummar’s mood has reportedly changed over the past few days to become ‘anxious’ and ‘not his usual fault’.
He is said to have been preparing himself for a brutal legal battle that he feared could cost him millions of pounds.
A US judge has dealt another blow to Prince Andrew (pictured earlier this week at Balmoral) for avoiding serving legal papers, saying they could be given to his LA-based lawyers
He said Virginia Giuffre’s plan to bring him (pictured) to her US attorney was “reasonably calculated to bring the papers given to the defendant’s attention”.
District Judge Lewis Kaplan in Manhattan (pictured) didn’t matter whether the Duke of York had ‘authorised’ a lawyer to accept him
Duke, 61, was sued last month by Giuffre, accusing him of battery and intentional emotional distress over alleged misconduct.
Giuffre, 38, was underage at the time of Andrew’s alleged abuse, which he said happened when his friend, financier Jeffrey Epstein, was sexually abusing him.
She is arguing that she was trafficked for sex by Epstein and Ghislaine Maxwell when she was 17 and that Andrew had sex with her on three occasions.
The civil suit seeks unspecified damages.
Andrew has denied Giuffre’s allegations, and Brettler called Giuffre’s case a “baseless, non-viable, potentially unlawful lawsuit” in Monday’s court hearing.
Royal stepped down from royal duties after details surfaced over the past two years about his relationship with Epstein.
Epstein was a registered sex offender who killed himself while awaiting trial for sex trafficking charges in a Manhattan prison in August 2019.
Prince Andrew, Virginia Roberts, then 17, and Ghislaine Maxwell are pictured at Maxwell’s townhouse in London in 2001
Kaplan barely reigned six hours after Giuffre formally requested his intervention, saying that ‘the purpose of the service is not to play hide-and-seek behind the palace walls.’
The judge issued his order a day after the High Court of London said it would arrange for Andrew to serve if the parties failed to act on their arrangement.
Giuffre’s lawyers argued that he had already served Andrew in England when a copy of the trial was left with a police officer guarding the prince’s home in Windsor.
In his trial, Giuffre accused Andrew of having sex with her while being trafficked by Epstein and Maxwell for sex at her London home.
Giuffre also claims that Andrew abused her at Epstein’s mansion in Manhattan and Epstein’s private island in the US Virgin Islands.
Maxwell faced trial on November 29, on charges that he helped recruit and groom underage girls for sexual abuse.
He has pleaded not guilty while in custody in the US. Andrew has not been charged with the crimes.
Andrew is seen this week in Balmoral next to his Range Rover and the lodge he was staying
Andrew is being sued by Virginia Roberts Giuffre, who accused him of sexually assaulting her when she was a teenager. She Claims To Be Smuggled By Jeffrey Epstein
Earlier yesterday, he challenged a high court ruling that he could be given papers in his US sex scandal. Her legal team said it would like to reverse the decision.
Court papers filed in New York last night show Andrew’s lawyers want to debate the definition of a ‘judicial officer’, in a possible indication that he plans to consider no grounds in the civil case against him.
But lawyers for Miss Giuffre, his longtime accuser, claimed yesterday that he was playing a ‘hide-and-seek game behind the palace walls’.
The prince is being prosecuted by Miss Giuffre, who claims that Andrew had sex with her when she was 17 and was a victim of sex trafficking.
In the court claim, she alleges that she was referred to Duke by Epstein and is claiming damages for rape, sexual assault and battery.
Andrew, who is currently at Balmoral with the Queen, has repeatedly denied the allegations.
Her high-powered legal team claims Miss Giuffre’s lawyers do not have the authority to approach the High Court, which said this week that it would present a case paper on Prince if the two parties themselves failed to agree. .
Andrew’s side has argued that David Boise, a Miss Roberts Manhattan lawyer, is not a “judicial, consular or diplomatic official” of the United States.
The London court originally agreed with the Duke before changing its decision following representations from his opponents, Bois Schiller Flexner (BSF), who cited US law.
But Gary Bloxsom, who is acting for Andrew, wrote to Senior Master Barbara Fontaine within hours on Wednesday.
They said: ‘We argue that your original decision of 14 September 2021 to deny the BSF’s direct request was correct, and your subsequent decision of 15 September 2021 is incorrect.
‘We want the original decision to be restored, and the reasons to be communicated to the BSF immediately.’
Prince Andrew leaving Windsor with his ex-wife Sarah Ferguson to drive to the Queen’s Balmoral estate in Scotland last week
The judge said she would not “determine this contentious issue by email” and ordered Andrew to file an appropriate legal application, which could result in an appeals hearing in court.
But Andrew’s argument could prove controversial anyway when Mr Boise petitioned a New York court last night to contact his London counterpart directly.
In his quote, Mr Bois wrote: ‘Ms Giuffre requests that the Court exercise its discretion in ordering alternative service.’
The papers were left with the police at Andrew’s Windsor home, the Royal Lodge, and emailed to his lawyers, but they dispute that they have been properly served.
His side accused him last night of trying to dodge the case by arguing against the service, while at the same time trying to defend himself by demanding a copy of the deal.
In court papers, they wrote: ‘Prince Andrew is both actively avoiding serving Ms Giuffre’s claims … while at the same time attempting to take advantage of his own discovery to aid in her defence. .’
Andrew also plans to argue that Miss Roberts, a financial agreement signed with Epstein in 2009, prevented him from taking legal action against her.
But Duke’s hopes of unsealing the Epstein deal were dealt a blow last night when a judge ruled it would remain under wraps for now.
Last month, Miss Roberts agreed to drop the sexual assault claim against US attorney Alan Dershowitz as a result of the settlement.
He has since requested the original settlement to be sealed, as he believes it may have helped to settle the case against Andrew as well.
But yesterday a senior US district judge, Judge Loretta A Presca, rejected her application, saying Dershowitz’s claim had “no basis”.
The prince is said to have become ‘worried’ and ‘not his common fault’ amid the allegations.
a source told Mirror: ‘He has not been his usual fault himself, acting as if everything is at hand.
‘The issue has suddenly become very serious and there is a distinct tension in the air.
‘There has been a dramatic change in mood and the reality that this could last not only many months, if not years, as well as potentially costing millions of pounds is very real.’