Ms Giuffre’s attorney, David Boies, said he was ready to depose the Duke in London but expects him to personally attend any civil trial in a New York court
Prince Andrew is likely to present pre-trial evidence in the sexual assault case brought against him by Virginia Giuffre at a London law firm, Ms Giuffre’s lawyer said I.
The Duke of York, who was stripped of his honorary military titles by the Queen yesterday and will no longer wear HRH’s styling, is facing civil sexual assault claims by Ms Giuffre, a victim of Jeffrey Epstein’s sex trafficking ring. Prince Andrew has consistently denied Ms Giuffre’s allegations.
While Ms Giuffre’s lawyer, David Boies, is ready to travel to London to depose the Duke during the evidentiary trial, which runs until July, he is likely to file a motion with the New York court, where the case involving the Defendant appears person during an autumn trial.
Should Prince Andrew avoid appearing in person before Judge Lewis Kaplan during the trial, Mr Boies has claimed that video evidence will not be admissible and that only the Duke’s taped evidence will be shown to the six-person civil trial jury in London.
Mr Boies also believes Ms Giuffre should be allowed to present her pre-trial evidence from her city of Perth, Australia, where she has lived for 19 years.
Mr. Boies tells I: “It is planned that both Prince Andrew and Virginia will be personally deposed. He in London. you in Australia.
“There will be no video connection at the hearing. Either people will testify in person, or their testimonies will be played out.”
Ms Giuffre’s legal team are likely to use London offices for the purposes of the testimony and oppose the Duke fixing the location of the evidence he is presenting.
Prince Andrew’s legal team, led by Andrew Brettler, may also ask Judge Kaplan to allow him to produce written evidence, but experts expect that will be denied.
Tom Simeone, a managing partner at law firm Simeone & Miller, which has represented victims of sexual assault for three decades, believes Judge Kaplan will almost certainly insist that the prince attend the trial in person, should it take place, if the parties cannot reach one Multi-million pound settlement before case goes to court.
“For the trial itself, it’s much, much more likely that it will have to come to New York,” Mr Simeone said. “I don’t think I’ve ever seen a case, and I’ve done it for 30 years, where a defendant can appear via video.”
During each testimony, Mr Boies said, Prince Andrew will be asked to prove the claims he made in the infamous Newsnight interview that on the night he was alleged to have assaulted Ms Giuffre at Ghislaine Maxwell’s London home, at Pizza Express in Woking. and that he cannot sweat.
Ms Giuffre has claimed the Duke was “sweating profusely” while dancing with Ms Giuffre at a London nightclub in March 2001, before moving on to Maxwell’s home.
Prince Andrew categorically denies the allegation and other allegations of sexual assault that Ms. Giuffre, then 17, allegedly took place on Epstein’s private Caribbean island and in his New York mansion.
Mr Boies also confirmed that while Ms Giuffre offered the prince the opportunity to enter arbitration before court proceedings, his legal team had made no attempt to settle the case.
Mr Boies said: “We approached them before filing the lawsuit to try to get involved and they refused. Their approach to this was simply blocking.
“If we ever got into a discussion, the key would be justification for Virginia, and that could come in a variety of forms. It could come in the form of money, it could come in the form of an apology, there could be some sort of combination.”
On Wednesday, Judge Kaplan denied the Duke’s motion to dismiss the case, saying a 2009 settlement agreement between Epstein and Ms Giuffre gave him protection from legal action related to the billionaire’s sex trafficking ring.
The Duke’s next likely step will be to try again to have the case against him dismissed by Judge Kaplan.
Prince Andrew’s lawyers have asked Ms Giuffre to produce evidence of her domestic arrangements, which claim she is not a US citizen. She has been given until today, Friday, to produce the evidence and her legal team will hand it in around noon today – 5pm UK time.
To bring a federal lawsuit in the United States, one of the parties involved must be a resident of the country.
While Ms Giuffre continues to reside in Australia with her family, Mr Boies will claim that all she needs to prove is that she intends to return to the US, where she remains a citizen, to prove that she is a resident.
Ms. Giuffre is likely to provide her Colorado driver’s license and proof of her voter registration in her home state of Colorado, as well as a statement of her intention to return to the United States with her family.
Prince Andrew’s legal team and spokeswoman have been contacted for comment.