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Speaker 1: Good morning everybody, and welcome to the Daily ODS. It

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Speaker 1: is the fifteenth of September. My name is Sam Gozlowski.

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Speaker 1: Joining me today's Zara Saidelar. We're going to take you

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Speaker 1: through the day's news and then we're going to touch

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Speaker 1: on the latest developments in the Prince Andrew case. There's

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Speaker 1: been some interesting moves by Prince Andrew's new lawyers in

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Speaker 1: the US and it's a good opportunity to explore what

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Speaker 1: happens when you get sued in another country. Some quick

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Speaker 1: COVID numbers for you from around the country. Yesterday, in

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Speaker 1: Victoria there were four hundred and forty five new cases.

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Speaker 1: New South Wales recorded eleven hundred and twenty seven, and

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Speaker 1: in the Act there were twenty two and an extension

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Speaker 1: to the lockdown.

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Speaker 2: The doses are coming in. We're seeing the arrival of

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Speaker 2: additional doses. Another chipment has arrived overnight from the UK.

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Speaker 2: All of these are coming together and they're being distributed

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Speaker 2: and that's about saving lives and protecting lives.

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Speaker 3: I don't want to toot our own horn, but it

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Speaker 3: does seem like the daly os is ahead of the curve.

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Speaker 3: Yesterday we posted a video about rapid androgen testing, and

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Speaker 3: then we had an announcement from the Federal Health Minister,

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Speaker 3: Greg Hunt about the fact that twenty eight types of

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Speaker 3: rapid antigen testing have been approved. The Health Minister said

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Speaker 3: that these will play a big part in Australia's pathway

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Speaker 3: out of lockdown. And again, if you're not clear on

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Speaker 3: what rapid antigen testing actually is, head over to our

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Speaker 3: instagram for a quick explainer. The Health Minister also said

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Speaker 3: that Australia is set to reach seventy percent of eligible

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Speaker 3: adults receiving at least one dose of the vaccine by

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Speaker 3: the end of this week. This all came as the

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Speaker 3: act's Chief Minister announced a four week extension to the

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Speaker 3: territory's lockdown.

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Speaker 1: One of the world's biggest mining companies, BHP, will now

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Speaker 1: require every participant in its Scope three global supply chain

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Speaker 1: to achieve net zero carbon emissions by twenty fifty. Let's

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Speaker 1: low down a minute. Scope three includes the suppliers, shipping

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Speaker 1: and burning of raw material. Now the big omission from

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Speaker 1: Scope three is all parts of the still making arm

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Speaker 1: of the business and the reason that they haven't set

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Speaker 1: a carbon emissions target there is because of technical challenges

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Speaker 1: facing that industry. That's a quote from BHP. It's worth

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Speaker 1: noting that the steelmaking arm contributes the biggest share of

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Speaker 1: BHP's entire scope three emissions.

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Speaker 3: Apple is rushed through a software update to protect users

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Speaker 3: against something called zero clicks spyware that could allow hackers

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Speaker 3: to take control of a device via an I message

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Speaker 3: even if the user doesn't click on that message. The

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Speaker 3: floor was first identified by the University of Toronto's Citizen

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Speaker 3: Lab and is thought to be one of the first

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Speaker 3: widespread zero click scams. Also today, Apple's expected to reveal

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Speaker 3: a new iPhone, AirPods and an Apple Watch.

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Speaker 1: And your humpday good news. About one million school students

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Speaker 1: in New York returns to school yesterday in what was

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Speaker 1: the return of America's largest school system to physical campuses.

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Speaker 1: These students of staff have been off campus for about

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Speaker 1: eighteen months now. It was also a return to work

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Speaker 1: for the city's three hundred thousand teachers and school sports staff.

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Speaker 3: Just a quick heads up before we jump into today's

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Speaker 3: deep dive, we will be discussing issues relating to sexual assault.

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Speaker 3: As the non lawyer between us, I can always turn

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Speaker 3: to Sam to answer my questions about cases that might

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Speaker 3: arise in the news, and that happened yesterday when we

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Speaker 3: saw the case of Prince Andrew back in the news. Sam,

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Speaker 3: before we go on, can you just explain to me

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Speaker 3: and the audience why this is a civil case and

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Speaker 3: not a criminal case.

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Speaker 1: It's relatively common that we see in this type of

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Speaker 1: situation a civil case come before a criminal case, as

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Speaker 1: the burden of proof in a civil versus criminal case

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Speaker 1: is different, and what that means is how much evidence

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Speaker 1: is required to actually prove the accusations are correct. So

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Speaker 1: this action is being brought by Virginia Geffrey, an alleged

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Speaker 1: victim of the late billionaire pedophile Jeffrey Epstein. Geffrey, who

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Speaker 1: actually now lives in Australia, has three key allegations against

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Speaker 1: the Prince that she is suing him over in a

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Speaker 1: court in New York. Now, the first big development that

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Speaker 1: we learned of this week was who is going to

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Speaker 1: be representing Prince Andrew in America. He's hired a lawyer

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Speaker 1: called Andrew Brettler, who also represented Army Hammer. He's also

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Speaker 1: done some work with Chris Brown. He's a bit of

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Speaker 1: a Hollywood celebrity lawyer type. Prince Andrew's team only confirmed

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Speaker 1: Berettler's appearance for the Prince only a few hours before

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Speaker 1: the hearing. Unsurprisingly to everybody, there were a couple of

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Speaker 1: defenses mounted by Prince Andrew's team, basically trying to get

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Speaker 1: the entire trial thrown out before it fully gets underway.

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Speaker 1: The next hearing before a judge will be in October,

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Speaker 1: and the court is considering the defense's arguments until then.

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Speaker 1: I wanted to break down a few of those reasons now. Now.

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Speaker 1: The first one is that Prince Andrew and Virginia Giffrey

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Speaker 1: have actually entered into a settlement agreement that Prince Andrew's

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Speaker 1: team is trying to argue doesn't allow Virginia defray to

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Speaker 1: sue him for anything else. It removes all potential livebliy.

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Speaker 1: That's a phrase that was thrown around a lot in

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Speaker 1: this case. Another legal argument that was mounted by Prince

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Speaker 1: Andrew's defense was that Prince Andrew was never properly served

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Speaker 1: with the documents, which is a requirement under US law. Now,

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Speaker 1: think back to every single legal drama you've ever watched

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Speaker 1: and the phrase you've been served. It's often with some

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Speaker 1: delivery driver who is pretending to deliver food and then

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Speaker 1: will deliver the documents to you. It's a requirement of

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Speaker 1: US law that the person who's being sued is actually

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Speaker 1: handed the documents themselves personally. Mister Frase lawyers said that

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Speaker 1: these papers were left with police officers at the gates

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Speaker 1: of Prince Andrew's wins A home last month, and that

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Speaker 1: that under UK law was a sign of being successfully served. Basically,

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Speaker 1: the US lawyers of Prince Andrews said that it's now

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Speaker 1: up to the UK courts then to decide whether that's

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Speaker 1: probably being served even though the case is happening in

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Speaker 1: the US, and this is what happens when you try

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Speaker 1: and sue somebody in another country, it can be really

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Speaker 1: difficult to navigate the differences between through quite different legal systems.

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Speaker 1: I also wanted to note here that there's no way

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Speaker 1: in this case that Prince Andrew will be forced to

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Speaker 1: be extra guarded to the US. An extradition, meaning when

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Speaker 1: somebody is transported from one country to another to face

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Speaker 1: criminal charges, can only happen when exactly that happens criminal charges.

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Speaker 1: It won't happen in a civil case.

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Speaker 3: So from the pre trial hearing, it's pretty clear that

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Speaker 3: Prince Andrew's team is launching a multifaceted defense. What happens

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Speaker 3: from here.

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Speaker 1: Well, the first thing that Virginia Gafray's lawyers could do

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Speaker 1: is to repeatedly serve Prince Andrew and find a way

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Speaker 1: to get these documents to him personally. That will knock

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Speaker 1: out a really core defense that Prince Andrew's team is

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Speaker 1: putting up in the US. Until then, the legal team

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Speaker 1: for Virginia Giffrey has a number of options available. They

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Speaker 1: can try and get a ruling in the UK court.

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Speaker 1: They can continue to fight for what they say are

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Speaker 1: solid charges in the US court. All of this will

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Speaker 1: be resolved by the time that the proper trial is

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Speaker 1: meant to proceed next month. In front of a jury,

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Speaker 1: when you're reading stories about court proceedings, especially in civil cases,

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Speaker 1: especially in cases that go across a number of countries,

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Speaker 1: it can be pretty easy to switch off. Don't be

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Speaker 1: afraid to reach out to us, shoot us a message

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Speaker 1: and I will try and break it down for you.

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Speaker 1: These are the legal systems that run our society, and

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Speaker 1: it's always so helpful to understand what's going on, especially

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Speaker 1: with high profile cases.

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Speaker 3: That's a wrap on today's pod. But if you want

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Speaker 3: to keep up with the day's news, follow us on

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Speaker 3: Instagram at the Daily Oz, it's where nearly two hundred

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Speaker 3: and twenty thousand young people get their news every day.

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Speaker 3: We'd love to welcome you to our community and keep

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Speaker 3: the conversation going