Prince Andrew: Decision on duke's bid to get Virginia Giuffre court case dismissed due 'pretty soon', judge says
![Prince Andrew Decision on dukes bid to get Virginia Giuffre court case dismissed due pretty soon judge says](/thumb/phpThumb.php?src=%2Fuploads%2Fnews%2F30%2F3050%2F4%2F3050442-prince-andrew-decision-on-dukes-bid-to-get-virginia-giuffre-court-case-dismiss.jpg&w=750&hash=01b11bb6912d6f1f7704a36b7afabd51)
Prince Andrew's lawyers have insisted Virginia Giuffre must provide more details about the royal's alleged sexual assault, as a judge considers whether to dismiss a lawsuit against him.
Ms Giuffre, formerly known as Virginia Roberts, is suing Andrew after claiming he "committed sexual assault and battery" upon her when she was a teenager.
Andrew Brettler, representing the Duke of York, attempted to have the civil lawsuit thrown out during a hearing in the US on Tuesday, where a judge said he would reveal his decision "pretty soon".
Prince Andrew court hearing - this is what happened, as it happened
![Prince Andrew is being sued by Virginia Giuffre](/thumb/phpThumb.php?src=https%3A%2F%2Fe3.365dm.com%2F22%2F01%2F768x432%2Fskynews-virginia-giuffre-prince-andrew_5632076.png%3F20220104082248&w=728&hash=a5ae0100af4334c423b6801cb9d751f0)
The duke's lawyer told the court Ms Giuffre "needs to lock herself into a story now" and claimed she "doesn't articulate what supposedly happened to her at the hands of Prince Andrew".
"We don't even have a date, a time, a location other than an apartment, we don't know when this was," Mr Brettler said.
"She doesn't explain what this alleged abuse was.
"We do not know the details of these allegations and it's time that we do before Prince Andrew is forced to answer these very serious allegations."
However, Judge Lewis Kaplan said: "With all due respect, Mr Brettler, that's not a dog that's got a hunt here" and that Ms Giuffre had no obligation to do so in a complaint.
The judge said he understood Mr Brettler's point but "it just isn't the law".
Andrew's lawyer says lawsuit should 'absolutely be dismissed'
![An image appearing to show Prince Andrew and a 17-year-old Virginia Roberts at Ghislaine Maxwell's house in London in March 2001. Pic: Rex/Shutterstock](/thumb/phpThumb.php?src=https%3A%2F%2Fe3.365dm.com%2F19%2F08%2F768x432%2Fskynews-prince-andrew-virginia-roberts_4757381.jpg%3F20220102183526&w=728&hash=347121358feb1a617d2950dd615b201a)
When the duke's lawyer said "we don't know" what the alleged conduct is, Judge Kaplan replied: "Involuntary sexual intercourse. There's no doubt what that means."
Mr Brettler argued that Andrew "should not be dragged into this court 20 years after" the alleged assault was said to have taken place.
"Witnesses die, witnesses may be incarcerated," he added.
The duke's lawyer told the hearing in New York that the lawsuit should "absolutely be dismissed", claiming it was "unfair" and "unjust".
The hearing came a day after a 2009 settlement between Ms Giuffre and disgraced financier Jeffrey Epstein was made public, revealing he agreed to pay her $500,000 (£370,000) to end her legal claims against him.
What has Prince Andrew been accused of?
![Undated handout photo issued by US Department of Justice of Jeffrey EPstein standing in front of his second private plane, which has been shown to the court during the sex trafficking trial of Ghislaine Maxwell in the Southern District of New York where she is accused of preying on vulnerable young girls and luring them to massage rooms to be molested by Jeffrey Epstein between 1994 and 2004. Issue date: Thursday December 2, 2021.](/thumb/phpThumb.php?src=https%3A%2F%2Fe3.365dm.com%2F21%2F12%2F768x432%2Fskynews-ghislaine-maxwell-i_5620997.jpg%3F20211220092122&w=728&hash=9100c7e225a7c4d3d0cfa954975bfafb)
The document said Ms Giuffre had agreed to "release, acquit, satisfy, and forever discharge" Epstein and "any other person or entity who could have been included as a potential defendant".
But Ms Giuffre's lawyer, David Boies, told Tuesday's hearing that Andrew could not be considered a "potential defendant" in the 2009 lawsuit.
He has argued that Ms Giuffre's settlement with Epstein was "irrelevant" to her lawsuit against Andrew because it applied to people involved in litigation in Florida, which did not include the royal.
Who's who in the Jeffrey Epstein scandal?
Judge Kaplan told both parties he would make a decision on whether to dismiss the case against the duke "very soon".
He said: "I appreciate the arguments and the passion.
"You will have a decision very soon."
By Rhiannon Mills, royal correspondent
Judge Lewis Kaplan closed the hearing by acknowledging the passion from both sides, and it was compelling to listen as we heard lawyers going head-to-head.
The build-up has been so extensive that we already knew most of the arguments that were coming.
The duke's team heavily relying on the settlement that Virginia Giuffre made with Jeffrey Epstein, saying it was "unquestionable that Prince Andrew could have been sued in 2009, he was not".
His lawyer, Andrew Brettler, also arguing that Ms Giuffre's claims don’t stand up, saying she "needs to lock herself into a story now… she needs to allege today when he supposedly abused her… we don't even have a date, a time, a location".
It was at that moment the judge came down hard, slapping down the argument. "That's not a dog that’s going to hunt here," he said, adding it's simply not the law that Virginia Giuffre should have to give information at this stage.
Giving one of the standout quotes, Judge Kaplan said there could be no doubt what the word "intercourse" means, "at least not since someone else was in the White House".
Another challenge for the duke's team came during discussions about who is actually entitled to enforce the 2009 settlement.
Virginia Giuffre's lawyer said that even though other "potential defendants" are mentioned, only his client and Epstein have the right to assert it.
And entering the debate, the judge appeared to agree: "Epstein and Giuffre had an agreement between themselves… the only people who could enforce it were Epstein and Giuffre."
In previous hearings, Judge Kaplan came across as a man who doesn't appear to have much time for ponderous technical arguments designed to drag out proceedings.
He had clearly read the documents involved and wanted quick and clear clarification from both sides.
With this hearing only just over an hour - and a reminder the current timetable on evidence and disclosure still stands, we again got the impression he wants to keep this one moving.
But we are still left waiting, with his parting words that his decision on whether to dismiss this case will come "pretty soon".
Ms Giuffre alleges that she was trafficked by Epstein to have sex with Andrew when she was aged 17, and was pictured with the royal and Ghislaine Maxwell during the period the alleged intercourse took place.
Maxwell was last week found guilty of recruiting underage girls to be sexually abused by her ex-boyfriend, Epstein, who killed himself in 2019 while awaiting trial on sex-trafficking charges.
Andrew, who has not been charged with any criminal offences, has vehemently denied the allegations against him.