Police are investigating an allegation naming Andrew (Image: AFP via Getty Images)
An expert has said what he believes police will do in relation to their investigation into Andrew Mountbatten Windsor, including regarding allegations of sexual misconduct. Marcus Johnstone, Managing Director of PCD Solicitors, who specialises in criminal defence for those accused of sex crimes, said he had always expected that, as cops were investigating Andrew for misconduct in public office, their probe would be wider and “used as the basis to further scrutinise his relationship with Epstein and their activities together”.
He added: “This is a sad day for the Royal Family but not a shock really, based on what we all feared and how we assumed this would play out.” Andrew was arrested on suspicion of misconduct in public office, questioned under caution, and then released under investigation in February. Andrew denies any wrongdoing.
Yesterday, it was reported that detectives will consider allegations of sexual misconduct in their inquiry.
Officers are currently assessing a claim by a woman that she was sent by Epstein to Royal Lodge for sex with Andrew in 2010, before being given a tour of Buckingham Palace.
Andrew has repeatedly and vehemently denied any wrongdoing relating to his friendship with Epstein and to any allegations of a sexual nature.
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Andrew Mountbatten Windsor was arrested in February (Image: Phil Noble/Reuters)
They have contacted the woman’s lawyer, Brad Edwards, who initially spoke to the BBC about allegations said to have occurred when she was in her 20s.
Thames Valley Police said: “We have engaged with the woman’s legal representative to confirm that, should she wish to report this to police, it will be taken seriously and handled with care, sensitivity and respect for her privacy and her right for anonymity.
“We recognise how difficult it can be to speak about experiences of this nature, and any contact with police will be led by her wishes, when and if she feels ready and able to do so.”
Mr Johnstone shared insight into what he believes the police will look to do next. He said: “It is telling that the police have confirmed they continue to liaise with the DOJ but also that they are appealing for victims to come forward.
“This is because without a formal complaint and evidence from a victim, it will be very difficult to prove a case for alleged sexual offences. Although an investigation is now taking place, we are still a long way away from a potential prosecution or proving offences in a court of law.
Marcus Johnstone is a lawyer who specialises in defending people accused of sex crimes (Image: Marcus Johnstone)
“Misconduct in public office is very difficult to prove. Historic cases of sexual assault are also very hard to prove. The police will be investigating a range of possible criminal offences including people trafficking, prostitution and operating a brothel.”
The expert said proving any purported criminal action would “require credible evidence from any alleged victims, and proof that Andrew knowingly facilitated their exploitation after their arrival on the Lolita Express [a private Boeing 727 jet owned by Epstein] or otherwise”.
Mr Johnstone added: “Then there is the question of proving lack of consent if sexual assault is alleged and whether the accused had a reasonable belief any liaison was consensual.
“Clearly we know Virginia Guiffre’s allegations and that she will not be able to provide further evidence. The question is whether the Romanians and Russians said to have arrived on the Lolita Express are prepared to come forward and are prepared to assist Thames Valley Police with their enquiries.”