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ONE'S BEEN SERVED
Prince Andrew served with papers over bombshell sex assault allegations from Jeffrey Epstein accuser Virginia Roberts
LAWYERS for Prince Andrew rape accuser Virginia Roberts Giuffre last night told The Sun they have served him with a writ.
The bombshell claim came after they got help from a policeman — and a judge appointed by the Queen.
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Lawyers said they had served him papers for their sex assault lawsuit.
The Duke of York, 61, was served at his Royal Lodge mansion in Windsor last month, according to a document filed yesterday.
Jeffrey Epstein sex slave Virginia, now 38, accuses Andrew of abusing her three times when she was under 18.
The August 27 summons warns the Duke he has 21 days from a set date to respond or face a default judgment. His lawyers are said to reject the notion that he has been served.
If Andrew doesn’t respond there can be a default judgement against him.
David Boies
Virginia’s team say an official process server, Cesar Augusto Sepulveda, delivered the papers at the Lodge — one of five attempts they made over the past month.
Mr Sepulveda is a private investigator and self-described “super- recogniser” who typically works for London law firms.
The document filed yesterday says he was denied entry to the Lodge on August 26 and told that staff had been “primed” not to accept any papers.
When he returned the next day, police at the main gate allowed him to leave the summons.
Virginia’s lead lawyer David Boies, 80, said: “A policeman took the court papers and said he would give them to him (Andrew). We certainly didn’t expect that!”
The legal team also emailed a copy to Andrew’s lawyers via Barbara Fontaine, Senior Master of the Queen’s Bench Division — a post appointed by Andrew’s mum.
Mr Boies said: “They responded saying they had got it.”
A third method saw the papers emailed to the Duke of York’s office. Lawyers were told: “This is an automatic acknowledgment to tell you we have received your email safely.”
A copy was posted to the Royal Lodge, by Royal Mail.
Finally, the lawsuit was emailed to Andrew’s UK lawyers, and US attorney Blair Berk who represented film producer Harvey Weinstein in his sex assault trial.
Mr Boies says at least two methods of alternative service they have used qualify under US law.
Virginia’s explosive lawsuit was filed in New York on August 9. The first hearing in the case is set for Monday before district judge Lewis Kaplan. He will also decide whether Andrew has been officially served.
Mr Boies told The Sun he will ask the judge to set a date by which Andrew has to reply. He added: “We will make a report to the court of what we have done.
“If the court confirms Andrew has been served, the judge will give him a deadline to respond.
A policeman took the court papers and said he would give them to him. We certainly didn’t expect that!
David Boies
“I don’t believe his legal team are going to ignore this but that’s what they have done consistently, so maybe that will happen. If Andrew doesn’t respond there can be a default judgment against him.”
Mr Boies faces a conference call with Judge Kaplan in New York at 9pm UK time on Monday. Andrew may not have anyone to defend him on the call with sources suggesting his lawyers will ignore the hearing.
Mr Boies said: “At the moment we have no opponent. The way they have been approaching this, I don’t think someone will appear on his behalf. It will be quite a moment when these allegations are heard before a judge, but the real moment is when the judgment comes in.”
Andrew is currently at Balmoral with ex-wife Sarah Ferguson.
His lawyers have objected to the “regrettable” methods used by Virginia’s team to serve him, and suggested they were not legally binding.
Gary Bloxsome, from Blackfords LLP who are believed to be representing the Duke, made the claims in a letter to Barbara Fontaine, obtained by ABC News.
He said: “(Virginia’s lawyers) have made several public, well-publicised, attempts at irregular service of these proceedings in this jurisdiction, in at least one case accompanied by a media representative.
“These have included attempted personal service of our client at his home, the instruction of a private process server, and attempts to email the proceedings not only to this firm, but to barristers (who are not authorised to conduct litigation) known to have acted for the duke.”
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Mr Bloxsome maintains that under British law, a valid request for assistance from UK court officials must come from a judicial or diplomatic officer in the US.
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If the judge overseeing the case made a request, Mr Bloxsome said “it is likely that our client will be content to agree to a convenient method of alternative service”.
He added: “However, absent being satisfied of some very good reason to do so, our client is highly unlikely to be prepared to agree to any form of alternative service while the approach to service of these proceedings remains irregular and the viability of the claim remains open to doubt.”
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The FIVE ways legal team tried to serve it
By James Beal, US Editor
VIRGINIA’S legal team tried at least five ways to contact Andrew — including turning up at his Royal Lodge home.
The second attempt saw a copy posted directly to the Lodge — aptly via Royal Mail.
The court papers were also emailed to Andrew’s US and UK lawyers, including Gary Bloxsome in Britain and Blair Berk in America.
They were also emailed to Andrew’s lawyers via Barbara Fontaine, Senior Master of the Queen’s Bench Division. The duke’s lawyers confirmed receipt.
Finally, the papers were emailed to the Duke of York’s office. An automated reply cheerily said: “Thank you for your email. This is an automatic acknowledgment to tell you we have received your email safely.”
The dramatic approach at the Royal Lodge is revealed in detail in an affidavit by official process server Cesar Augusto Sepulveda.
He said he first went to the Windsor Great Park residence at 9.30am on August 26.
He handed his business card to security and was told to wait, the court papers claim.
Mr Sepulveda then met two Metropolitan police officers, including the head of security, but was told neither the duke nor his staff could be raised.
The official server said he was told he could not leave the papers with them and was given details for Andrew’s UK lawyer Mr Bloxsome.
Mr Sepulveda left a message with Mr Bloxsome but heard nothing back.
The server says the writ was handed over when he returned the next day at 9.15am.
He says he spoke to another Met officer who phoned the head of security.
Mr Sepulveda was told the court papers “could be left with the Metropolitan Police Officer at the main gates to the property and that this matter would then be forwarded to the legal team”.
Mr Sepulveda’s statement adds: “The deponent did enquire whether it was possible to meet personally with (Prince Andrew) but told this was not possible.”
He added that the Met officer said he could not answer as to Andrew’s whereabouts.
The statement says Andrew was served at 9.30am when Mr Sepulveda left the lawsuit in an A4 envelope, “addressed to the Duke of York”, with the policeman on duty at the main gates.
Also included was the judge’s order of a pre-trial conference hearing this Monday.
Media lawyer Mark Stephens says Prince Andrew faces a difficult decision in response to the sexual allegations made against him in the United States
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