Prince Andrew could learn his fate in the coming days as a New York judge weighs up whether a civil sexual assault case against him can proceed.
Queen Elizabeth's son is being sued by Virginia Giuffre, who alleges she was forced by the financier Jeffrey Epstein and Epstein's one-time companion, Ghislaine Maxwell, to have sex with him.
The Duke of York has consistently denied the allegations.
Now US District Judge Lewis Kaplan must decide whether to throw the case out altogether, given a settlement between Giuffre and Epstein in 2009, which was made public yesterday.
Here are the key takeaways from what was a critical hearing, and what could happen next.
Virginia Giuffre is suing the Duke of York (pictured) in a civil case for allegedly assaulting her when she was a teenager. Photo: AFP
It may all come down to the definition of 'potential defendants'
Prince Andrew's lawyers best chance of getting the civil litigation thrown out is based on a 2009 settlement agreement between Virginia Giuffre and Jeffrey Epstein.
It all hinges on one line of the $US500,000 ($NZ734,800) settlement that says Giuffre, in accepting the payment, agrees not to bring any future cases against "other potential defendants".
The 2009 settlement doesn't mention Prince Andrew by name.
However, in today's hearing, the duke's lawyer, Andrew Brettler, said that, by entering into the agreement, Giuffre intended to release a broad category of individuals, including royalty.
A feisty Judge Lewis Kaplan appeared not be too convinced.
"Including the Sultan of Brunei?" he quipped.
The judge said that there were "two or more reasonable interpretations" of the language of the agreement, and that the "real question" was determining what Giuffre and Epstein had in mind.
In 2019, the disgraced financier was found dead in a New York jail cell while facing sex trafficking charges, so it cannot be known what his intentions were.
Judge Kaplan then drew everyone's attention to another clause of the settlement that, until now, has received very little attention.
The deal between Epstein and Giuffre appears to suggest that "third parties" cannot use their agreement in another court without their permission.
Judge Kaplan: what about Virginia's settlement agreement language that the terms of the agreement are not to be used in any other case by any other person in any other case?
— Lisa Bloom (@LisaBloom) January 4, 2022
Is this the death knell for Prince Andrew's attempt to get Virginia's case thrown out?
Prince Andrew's team are trying everything
The Prince's lawyers are not just relying on the 2009 settlement to have the case thrown out.
Andrew Brettler, acting for the Queen's son in the virtual hearing, said it was time for Virginia Giuffre "to lock herself into a story" about exactly when the alleged crimes took place.
Giuffre has said she was forced by Maxwell and Epstein to have sex with the Prince at Maxwell's London home, Epstein's New York mansion, and on the financier's private island.
But Brettler said Giuffre has never specified a day or month on which the abuse was alleged to have taken place.
"We would settle even for a year," he said.
The lawyers are also arguing that the case is invalid because it was filed just before the expiration of an extended deadline to file such cases in New York.
That deadline was extended because of the pandemic, but Brettler said Giuffre was in Australia and "healthy as far as we know", so should not have needed the additional time.
Ahead of today's hearing, Prince Andrew's lawyers tried to argue the New York court did not have jurisdiction because Giuffre lives in Perth.
Virginia Giuffre is married to an Australian with whom she has three children.
Prince's BBC sweat claims could feature in a trial
The case is still at the stage where lawyers are arguing it out before a judge, so neither Virginia Giuffre nor the Queen's son spoke at today's hearing.
If the case proceeds, Prince Andrew will be questioned by Giuffre's lawyers in what's known as a deposition - a testimony given out of court.
He will be asked about his claim in the now infamous 2019 interview with the BBC in which he denied ever meeting Virginia Giuffre.
At one point, he questioned Giuffre's claim that he was sweating profusely as they danced at a London nightclub.
The Prince said he does not sweat - or did not around the time of the alleged sexual assault - because of an "overdose of adrenaline" when he was shot at while serving in the Falklands War.
Court documents have revealed Virginia Giuffre's lawyers have asked for proof of the medical condition, which he has not yet provided.
Would Prince Andrew try to settle with Virginia Giuffre?
Judge Kaplan thanked both parties for their participation in the hearing.
"I appreciate the arguments and the passions," he said
While he would give a decision on the case "pretty soon", he said, he declined to say exactly when.
In the meantime, the judge said the discovery phase of the trial should proceed as scheduled, where both sides exchange information ahead of a possible trial later this year.
However, the Prince is unlikely to want to proceed to trial, according to Stephen Gillers, Professor at NYU School of Law.
"I doubt it," Prof Gillers said.
"If he's unable to have the case dismissed - and I do not think he will be able to have the case dismissed - he can settle."
In that scenario, Prince Andrew and Virginia Giuffre could enter into a secret settlement where we never know what was exchanged.
Prof Gillers said there was also an option in civil cases to simply stop engaging in the process, and accept a default judgment.
"He can just walk away from it and pay whatever damages the court decides he owes," he said.
"And then it will be up to [Virginia] Giuffre to try to collect that money from him."
-ABC
