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"She is somebody who we can count on to tell the truth," said David Boies
David Boies, the attorney representing Virginia Roberts Giuffre in her civil lawsuit accusing Prince Andrew of sexual assault when she was 17 (Andrew has denied any wrongdoing), told The Daily Beast that they may depose the Duchess of Sussex if the case goes to trial.
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"One; she is in the U.S. so we have jurisdiction over her," Boies said. "Two; she is somebody who obviously, at least for a period of time, was a close associate of Prince Andrew and hence is in a position to perhaps have seen what he did, and perhaps if not to have seen what he did to have heard people talk about it. Because of her past association with him, she may very well have important knowledge, and will certainly have some knowledge."
He continued, "Three; she is somebody who we can count on to tell the truth. She checks all three boxes."
A representative for the Duchess, 40, had no comment, and Prince Andrew's legal representatives have declined multiple requests by PEOPLE to comment.
Prince Andrew, Prince Harry and Meghan Markle
Prince Andrew; Meghan Markle and Prince Harry
| Credit: Karwai Tang/WireImage; Andrew Parsons - Pool/Getty
Boies also suggested other members of the royal family may be deposed, including the Duke of York's ex-wife Sarah Ferguson and his siblings, including Prince Charles.
"We would likely take one or two depositions of people close to Andrew who would have knowledge of his actions," he said. "That might include his ex-wife. It could possibly be his brother."
However, he said Prince Andrew's mother, Queen Elizabeth, would likely not be called upon "out of respect and deference, and her age."
| Credit: STEVE PARSONS/POOL/AFP via Getty
Giuffre alleges she was forced to have sex with Prince Andrew three times between 1999 and 2002 in London, New York and on a private Caribbean island owned by Jeffrey Epstein, who died in August 2019 while in prison on sex trafficking charges.
Two months after Epstein's death, Andrew participated in a BBC interview intended to clarify his relationship with the disgraced financier and also address Giuffre's allegations.
When BBC Newsnight anchor Emily Maitlis raised the issue of a photograph showing the royal with his arm around Giuffre's waist — thought to have been taken inside the London home of Ghislaine Maxwell on March 10, 2001, when Giuffre was 17 years old — the royal claimed he had no recollection of the encounter.
"I don't remember that photograph ever being taken," he said. "I don't remember going upstairs in the house because that photograph was taken upstairs and I am not entirely convinced that…I mean that is…that is what I would describe as me in that…in that picture but I can't…we can't be certain as to whether or not that's my hand on her whatever it is, left… left side."
Prince Andrew's legal team is expected to argue their motion to dismiss the case on January 4.
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