The last attempt by Prince Andrew to have the sex abuse case dismissed.
DESPERATE Prince Andrew will make another last-ditch attempt to have his sex abuse case dismissed, this time claiming that his accuser has broken US law.
Because Virginia Giuffre is not a permanent American resident, the Duke of York believes he has a “genuine argument” to stop the case.
Ms Giuffre, 38, alleges that she was forced to have sex with Andrew three times in 2001 while being trafficked around the world by paedophile Jeffrey Epstein and his lover, jailed British socialite Ghislaine Maxwell.
Ms Giuffre has lived in Australia since 2002, when she was a mother of three children.
Andrew’s lawyer’s argument has already been dismissed by New York district judge Lewis Kaplan, who will soon decide whether the Duke, 61, will face a full civil trial in the autumn.
However, his team believes it has discovered a new angle that will finally show Ms Giuffre’s case cannot proceed: federal law expressly prohibits two parties who are not US residents from litigating in court.
Ms Giuffre was living in a £1 million home in Perth when she filed her lawsuit, according to the Duke’s lawyer, Andrew Brettler, and had only been in the United States for less than two years since moving to Australia in 2002.
The prosecution team has a deadline of January 14 to establish her residency.
“This could potentially be problematic,” a source familiar with the situation said.
The judge has already decided that there was no case to answer in terms of the domicile argument, but Andrew’s team isn’t going down without a fight, and they believe they have a legitimate case to have this dismissed.
“If they can show that there is precedent not to bring a case where both parties are not US residents under federal law, where Ms Giuffre has filed her case, then it should be halted immediately.”
Andrew’s team is expected to argue that US federal law clearly recognizes “jurisdictional diversity.”
The issue can be resolved if only one of the parties is a non-resident of the United States, but if both are non-residents, they believe there is no case.
“Even if the judge rules there is a case for a full trial, there is a long way to go,” a source said.
Andrew claims that he does not want to testify against Ms Giuffre in order to protect the Queen.
“Brinkwire News Summary.”