New York: Prince Andrew England is trapped between stones and a difficult place: He settled outside the court with the accuser of his sexual assault or bear the grill by a lawyer under oath, experts said.
After the New York Judge Lewis Kaplan ruled Wednesday that the Civil Lawsuit Virginia Giuff against the Royal can continue, AFP saw the possibility of the next step in the case that shook the British monarchy.
Yes.
His preaching can request a second circuit court to cancel Kaplan’s decision.
If it fails then theoretically they can take this case to the US Supreme Court, but legal analyst is skeptical about whether the Justice will choose to hear it.
Appeal will delay the process.
The clock was beating on the submission of evidence and it would buy Andrew more time.
The January 14 deadline has been set for the parties to submit “Rogatory Letters,” which is the official request for assistance from the court in one country to another in a foreign country.
They are usually submitted to get evidence from witnesses.
Lawyer Giuff, David Boies, said in November that the testimony would be sought from two people who were not named in England.
Kaplan wants to know who all witnesses in mid-June.
He has told both sides to complete the discovery on July 14.
The discovery is the exchange of information that will be presented at the trial, including email and text messages, and includes deposition under oath.
As soon as he was overthrown, he had to sit and answer the question by the lawyer Giuffre.
That might happen in England.
“This is in a more informal setting than the courtroom but can be very long, take a lot, hours, and it can be aggressive,” said the former prosecutor Bennett Gershman told AFP.
Andrew’s answer will be submitted as evidence that the jury trials occur to complete Giuffe’s claim for unspecified damage.
If Andrew lay during deposition, he could subdue himself on charges of fake oath.
If the parties reach an agreement before the deposition occurs, this case is over and Andrew does not need to answer the question.
Lawyers for both parties must destroy the term, including how much Prince will pay Giuffre and whether there will be a clause that stipulates that the agreement does not mean acceptance of guilt.
If Giuffe and Andrew are not satisfied, this case will continue to the civilian court that Kaplan said the possibility of happening between September and December this year.
There, a judge will decide whether Andrew owes Giuff’s damage.
“If he doesn’t appear, he defaults and if he defaults, the assessment will be submitted against it,” said New York lawyer Richard Signorelli told AFP.
There are no criminal charges that can be directly produced from the lawsuit but the lawsuit itself does not stop the government from submitting a criminal case against Andrew if they believe that crime has been carried out.
Media reports in the UK said Andrew would not have diplomatic immunity but the prosecutor believed it would be very difficult to make it extradited to the United States.
Former prosecutor Roger Canaff said he did not believe there was a “federal land” for allegations and that the limited law for the allegations of the country for the alleged 2001 attack had ended.
“I think it’s prohibited – it is prohibited and also not practical,” he told AFP.