Prince Andrew's lawyer, Andrew Brettler, is defending the royal after Virginia Roberts claimed he raped her when she was only 17 years old.
"We believe, however, that this is a baseless, non-viable and potentially unlawful lawsuit that plaintiff has filed against the Duke. There has been a settlement agreement that the plaintiff has entered into in a prior action that releases the Duke and others from any and all potential liability," Brettler told the federal court via teleconference.
But Judge Lewis Kaplan didn't seem to like Brettler's response. “You have a pretty high degree of certainty that he can be served sooner than later," he said. "Let’s cut out all the technicalities and get to the substance.”
Roberts' lawyers insist Andrew was served with court papers, as they left a copy of the summons with police at the gate of Windsor Royal Lodge on August 27.
"We've proceeded to serve Prince Andrew in several ways pursuant to Article 10 of the Hague Convention," David Boies, an attorney for Roberts, said during the Monday, September 13, hearing.
Kaplan gave Robert's legal team another week to serve the 61-year-old with the papers. "We do contest the validity of service," Brettler said. "We have significant concerns about the propriety of this lawsuit that’s been filed. We’ve been in correspondence with the High Court in the U.K. and the High Court in the U.K. is going to have to determine whether service to date has been affected properly on the Duke."
An in-person hearing is scheduled for October 13, which will take place in New York.
In the documents, which were obtained by The Royal Observer, Roberts claims that the royal "sexually abused Plaintiff in [Jeffrey] Epstein’s New York mansion in this District."
"On another occasion, Prince Andrew sexually abused Plaintiff on Epstein’s private island in the U.S. Virgin Islands, Little St. James," the documents state. "During each of the aforementioned incidents, Plaintiff was compelled by express or implied threats by Epstein, [Ghislaine] Maxwell, and/or Prince Andrew to engage in sexual acts with Prince Andrew, and feared death or physical injury to herself or another and other repercussions for disobeying Epstein, Maxwell, and Prince Andrew due to their powerful connections, wealth, and authority."
Prince Andrew has denied any wrongdoing.