Latest news about Prince Andrew: Aussie turn in royal case over sex abuse after “recently discovered evidence”

Prince Andrew is trying to get his case of sexual abuse thrown out of court because his prosecutor lives in Australia.

A lawyer for the vulnerable royal has questioned whether Virginia Giuffre is legally entitled to pursue her civil lawsuit in the United States, accusing the Duke of York of sexually abusing her when she was under 18.

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In a case Tuesday in the U.S. District Court in Manhattan, attorney Andrew Brettler said “newly discovered evidence” suggested the court lacked jurisdiction because Ms. Giuffre has lived in Australia for most of the past two decades.

The 38-year-old American-born currently lives in Cairns with her husband and children.

The Queen's son is involved in a sexual assault scandal.
The Queen’s son is involved in a sexual assault scandal. Credit: Getty Images

According to the application, Mrs Giuffre’s complaint states that she is a “citizen of the state of Colorado”, but she has lived in Australia for “all but two of the last 19 years” and “the court has no substantive jurisdiction over this case.”.

“It is common ground that at the time she brought the case, Mrs Giuffre had an Australian driving license and lived in an AU $ 1.9 million home in Perth, Western Australia, where she and her husband raised their three children.” it sounds. went on.

“In fact, Mrs Giuffre’s ties to Colorado are very limited.

“She has not lived there since at least 2019 – two years before she filed this lawsuit against Prince Andrew – and potentially, according to her own testimony, not since October 2015.”

Virginia Giuffre has accused Prince Andrew of sexual assault.
Virginia Giuffre has accused Prince Andrew of sexual assault. Credit: BBC

Federal courts can assert “diversity jurisdiction” over litigation when no plaintiff shares citizenship with any defendant.

But Mr Brettler said Giuffre did not pass this test because she has not lived in Colorado since at least 2019, and it was “longest established” that U.S. citizens permanently residing abroad cannot invoke diversity jurisdiction.

He also suggested that Giuffre make a “calculated move to support her bizarre claim” to stay in Colorado by registering to vote there using her mother’s and stepfather’s mailing address in February 2020.

“Without being able to meet the requirements of diversity jurisdiction, the court lacks substantive jurisdiction over this dispute and must dismiss the case as a matter of law,” Mr Brettler wrote.

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