Joseph Kotrie-Monson, a UK lawyer specialising in serious criminal cases and cross border US/UK investigations talks to Nick Ferrari on LBC Radio to explain the civil claim against the Duke of York, the British Prince linked to the deceased alleged paedophile Jeffrey Epstein. Will he be compelled to attend in the US? Does he have immunity? What are the risks to him if he does attend?
LBC Radio 11th August 2021
For more information on Joseph and Mary Monson Solicitors go to www.marymonson.co.uk
For media enquires go to www.marymonson.co.uk/reasons-to-choose-us/in-the-media
Summary of article:
In this latest chapter of the Prince Andrew/Jeffrey Epstein saga we see that civil proceedings re being filed. The first thing to say is that this is not a criminal case and there is no power to compel attendance of a foreign national.
The allegations involve two incidents are said to have taken place in New York. One of rape and one of sexual assault. Mrs Guiffre would have been 17 at the time, so had reached the age of consent, but in circumstances where she would claim to be a victim of trafficking.
Now interestingly the statute of limitations which prevents new proceedings after a certain time has been waived under the child victims act of 2019, a New York law, this being where offences are alleged.
These are civil proceedings, so we are not talking about extradition requests. What we are talking about is proceedings which could result in either financial settlement which would damage the Prince if it was public, or a civil trial on the balance of probabilities. A finding against the prince in these circumstances would be even more devastating. There is nonsense that a quiet settlement out of court is Mrs Guiffre's aim. She says: 'The powerful and the rich are not exempt from being held responsible for their actions.' For her, she claims, it is speaking out which helps her as she puts it reclaim her life.
For the Prince these are fabrications. He has already told us, he disagrees with key parts of her account. In contrast with her statement regarding an incident in London, he says he cannot sweat since he had a nervous incident on a ship he was serving on. He has no recollection of meeting her. He categorically denies sexual contact, let alone with a trafficked victim.
Proceedings will be on the balance of probabilities. The $64,000 question is will the Prince attend? He is not legally obliged to but there could be reputational and financial damage if he doesn't. He felt compelled to give an interview with the BBC for reasons of reputation, but that came with its own risk. What he decides to do next is perhaps anybody's guess.
