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Tue May 21 11:59:32 SAST 2013

Strauss-Kahn motion to dismiss suit rejected: NY Post

Reuters | 01 May, 2012 15:39
Former IMF head Dominique Strauss-Kahn leaves after he voted in the first round of the 2012 French presidential election at a polling station in Sarcelles April 22, 2012.
Image by: GONZALO FUENTES / REUTERS

A New York judge rejected a motion by former International Monetary Fund chief Dominique Strauss-Kahn to dismiss a lawsuit filed by the hotel maid who accused him of sexual assault, allowing the suit to go forward, the New York Post reported.

Reuters was unable to immediately confirm the Post report, which cited court documents.

Bronx Supreme Court Justice Douglas McKeon rejected Strauss-Kahn's argument that he enjoyed diplomatic immunity at the time of the encounter May 14 with Nafissatou Diallo, a maid at the Sofitel Hotel in midtown Manhattan, the Post said. Diallo accused him of forcing her to perform oral sex, while Strauss-Kahn has said the incident was consensual.

Strauss-Kahn was arrested and resigned from the IMF within days of the incident, scuttling any plans to seek the French presidency.

New York prosecutors dropped the criminal case against him in August, saying they were no longer convinced of Diallo's credibility after she made several changes in her account of what she did in the moments following the incident.

"Confronted with well-stated law that his voluntary resignation from the IMF terminated any immunity which he enjoyed ... Mr. Strauss-Khan, threw (legally speaking that is) his own version of a Hail Mary pass," Judge Douglas McKeon wrote, according to the Post.

"Mr. Strauss-Kahn cannot eschew immunity in an effort to clear his name only to embrace it now in an effort to deny Ms. Diallo the opportunity to clear hers," McKeon wrote.

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