Fresh questions are being asked about whether Andrew Mountbatten-Windsor could be compelled to cooperate with the US authorities after more files were released concerning the late convicted paedophile Jeffrey Epstein.
The latest documents show the Department of Justice (DoJ) – which released the files – formally requested to interview Mountbatten-Windsor in April 2020 and asked the UK government to assist in getting him to give evidence in cases linked to Epstein.
US authorities believed Mountbatten-Windsor could potentially help answer questions about about Epstein. One document says: “The investigation to date has revealed that Prince Andrew may have been a witness to and/or participant in certain events of relevance to the ongoing investigation.”
Last month, Congress also formally requested that Mountbatten-Windsor sit for an interview in connection with his relationship with Epstein, but he was under no legal obligation to do so.
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The recently released emails suggest Ghislaine Maxwell, Epstein’s associate who is in prison for sex trafficking, sought to procure “pretty and fun” girls for a friend called “Andrew” in Peru.
One email sent to Maxwell by “A” from “Balmoral” asked for “new inappropriate friends”.
John Burke, a barrister at Legis Chambers in London, told The i Paper that “the possibility of Andrew being compelled to cooperate with US authorities increases with every revelation”.
But the “obstacle in facing criminal charges in the US has, of course, always been statutes of limitation”, which set a time limit for a legal case to be brought, he said.
Mountbatten-Windsor has always strongly denied any wrongdoing.
Why Andrew possibly hasn’t given evidence
Mountbatten-Windsor might have refused to give evidence in the US so far because of the fear of incriminating himself, said Nick Vamos, a former head of the UK Central Authority, which handles requests for mutual legal assistance (MLA) from abroad.
Vamos, now a partner and head of business crime at the law firm Peters & Peters, said: “UK law allows a witness, but not a suspect, to be compelled to give evidence in support of an overseas investigation.”
He said that although Mountbatten-Windsor was not the target of an investigation and would have had privilege against self-incrimination, the US “sought to ask him about clearly incriminating matters”, adding: “Therefore, it is likely that he declined to answer questions voluntarily because there was no guarantee that anything he said would not be used against him in a future prosecution.”
It appears that Mountbatten-Windsor demanded immunity from prosecution if he made a false statement, according to newly released documents that show efforts by New York prosecutors to persuade him to do an interview.
Prosecutors said immunity was not possible.
Would a UK investigation ever be launched?
There have been growing calls for Mountbatten-Windsor to face justice over his friendship with Epstein and Maxwell.
But any investigation in the UK would be a long way off.
Burke said if, for example, the DoJ emails discussing trips abroad line up with photographs of Mountbatten-Windsor with the alleged victims, then that could “be enough to trigger an investigation by whichever authorities have jurisdiction”.
The lawyer, who previously served as an assistant district attorney in Massachusetts, said Mountbatten-Windsor will “undoubtedly spend this Christmas wondering what else is in the DoJ treasure trove”.
“If there is something further to be discovered corroborating contact with ‘inappropriate friends’, authorities in the UK and other countries may have to open an investigation.”
Mountbatten-Windsor has always denied being involved in any abuse against women or girls.
Rachael Maskell, Labour MP for York Central, called for a proper investigation into what happened, saying that “every question must be asked and no stone unturned”.
Andrew appears sprawled across the laps of five people with a grinning Ghislaine Maxwell standing behind them (Photo: US Department of Justice via AP)Burke said that the “best hope” of an investigation on UK soil would likely be if there is an inquiry brought by MPs, especially if it is backed by the Royal Family.
In the UK, individuals are compelled to provide evidence at public inquiries, with failure to comply without a reasonable excuse being a criminal offence.
However, any cooperation from the Royal Family remains unclear, particularly given King Charles has already stripped his brother of his royal titles and orchestrated his move from Royal Lodge following public outcry.
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