Sunday, 17 Nov 2024

Andrew bids to throw out sex case as he slams Guiffre’s ‘unintelligible’ and vague claims

Prince Andrew affair ‘not going away’ says expert

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Lawyers for the Duke of York, 61, filed an 11-page document late on Monday night. In the document, Prince Andrew’s legal team calls for Ms Giuffre’s lawsuit to be dismissed, calling it “unintelligible” and “vague”.

In the papers, Andrew attacks Ms Giuffre’s claims that he raped and sexually abused her after she was forced to sleep with him by Jeffrey Epstein.

The Duke of York has categorically denied her claims.

The Sun reports the papers issued by the royal’s legal team called to have the case dismissed, arguing the law that allowed Ms Giuffre to sue in America was “unconstitutional”.

His lawyers also argue that the prince is prevented from being sued under a 2009 financial deal Giuffre made with Jeffrey Epstein.

The deal barred Ms Giuffre from pursuing the financier’s associates.

The Duke’s filing reads: “For someone who claims that the Release Agreement she signed in 2009 is entirely ‘irrelevant’ to this case, Giuffre devotes a significant portion of their opposition trying to avoid the application of its plain terms.

“Giuffre does not challenge the authenticity of the Release Agreement – nor can she reasonably do so, considering that her own counsel provided the document to Prince Andrew’s team with the permission of the Epstein Estate.

“Contrary to Giuffre’s mischaracterisations, Prince Andrew does not ask the Court to analyse the parties’ intent when entering into the Release Agreement.

“Rather, he requests that the Court recognise that the Release Agreement exists and that, on its face, it bars Giuffre’s claims against him.”

In the motion to dismiss filed on Monday, Andrew’s accuser’s complaint is described as “ambiguous at best and unintelligible at worst.”

Within the papers, the Duke accuses Ms Giuffre of “changing her story”.

His legal team also allege that Ms Giuffre’s allegations of the complaint were “vague”.

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The papers read: “Giuffre’s refusal to include anything but the most conclusory allegations is puzzling given her pattern of disclosing to the media the purported details of the same allegations.

“Perhaps it is Giuffre’s tendency to change her story that prompted her to keep the allegations of the complaint vague, so as not to commit to any specific account.”

Of her claims, they add: “These highly subjective determinations are the kind most likely to be hampered by the passage of time, as memories fade, false memories are created, and witnesses die or otherwise become unavailable.

“Here, the only witnesses to the purported implied threats under which Giuffre allegedly engaged in unconsented sex acts with Prince Andrew are Epstein (deceased), Maxwell (incarcerated), Prince Andrew (the accused) and Giuffre herself.”

The hearing for Andrew’s sexual assault case is set to be held on January 4, where Judge Lewis Kaplan will hear arguments on the motion to dismiss the case.

Ms Giuffre is seeking unspecified damages from the royal, alleging he sexually abused her on three separate occasions in 2001 when she was 17.

The 38-year-old has brought the case against Andrew by using the New York’s Child Victims Act (CVA).

CVA allows those abused to sue their attackers until they turn 55 years old.

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