shortages due to the virus. tennis world number one novak djokovic says he's heading to the australian open after being granted a medical exemption for covid. and former tech billionaire elizabeth holmes — founder of the health company theranos — is found guilty of fraud over her failed blood testing technology. hello and welcome. lawyers for prince andrew are attempting to have a civil claim for sexual assault against him thrown out at a court in new york. virginia giuffre is suing him for allegedly sexually assaulting her when she was 17. prince andrew has consistently denied the claims. nada tawfik is in new york. just bring us right up to date. well, the oral arguments are still under way in new york. it's happening via video conference with both sides really strongly arguing their point and at the judge questioning them as he decides which point of view he will agree with. the real big issue here is not the facts of this case, it revolves around this settlement agreement that a virginia giuffre made with jeffrey epstein in 2009 in florida. now, prince andrew's team is saying that he qualifies as a potential other defendant in that release, which would mean he is not subject to any legal liability. his lawyer has said that prince andrew could have been so good at that time in florida by virginia chifley and so he then qualifies as a potential other defendant —— virginia giuffre. specifically because in her complaint she mentioned that she was allegedly trafficked to royalty, along with other businessmen and politicians. now, on the other side, virginia giuffre�*s lawyers say it was never the intention of either of the parties in that agreement, jeffrey epstein, nowjeffrey jeffrey epstein, now jeffrey epstein�*s jeffrey epstein, nowjeffrey epstein�*s estate, or virginia giuffre, that that agreement would include prince andrew. they say he has never been named in that agreement and that the claims in that case really revolve around those who would have trafficked young girls alongsidejeffrey young girls alongside jeffrey epstein. young girls alongsidejeffrey epstein. they say the claims they have now against prince andrew, which he strongly denies, is that he abused the girls that were trafficked by epstein, that he himself did not engage in any trafficking or transporting of underage girls, allegedly. so they claim the settlement is completely different and not relevant in this case. thejudge has been questioning both sides and we willjust have to see which interpretation the judge agrees with. band see which interpretation the “udge g with.— agrees with. and this really is a hu . e agrees with. and this really is a huge moment. _ agrees with. and this really is a huge moment, isn't— agrees with. and this really is a huge moment, isn't it, - agrees with. and this really is a huge moment, isn't it, for- agrees with. and this really is a l huge moment, isn't it, for prince andrew and his legal team? they see this 2009 a settlement agreement as a kind of trump card, but we will have to wait and see, as you say, what the judge have to wait and see, as you say, what thejudge thinks have to wait and see, as you say, what the judge thinks about it. yes. what the judge thinks about it. yes, absolutel . what the judge thinks about it. yes, absolutely. this _ what the judge thinks about it. re: absolutely. this literally is a make or break moment. prince andrew could have this entire lawsuit dismissed and besides an appeal that could happen by virginia giuffre if any case is dismissed, then at least in terms of legal trouble, he will be clear. whether people would argue about whether it would help him clear his name at all because this is more of a technicality he would be getting off on these alleged claims from. but certainly if it does go ahead, if the judge denies his bid to dismiss this lawsuit, then he will be in four months of evidence gathering in this case —— in for months. it could get started by the full of this year. the in for months. it could get started by the full of this year.— by the full of this year. the 'udge is hearinr by the full of this year. the 'udge is hearing arguments * by the full of this year. the 'udge is hearing arguments right h by the full of this year. the judge is hearing arguments right now. | by the full of this year. the judge - is hearing arguments right now. have we any idea when he might be able to reach a decision? it we any idea when he might be able to reach a decision?— reach a decision? it could be any time from _ reach a decision? it could be any time from today. _ reach a decision? it could be any time from today. he _ reach a decision? it could be any time from today. he could - reach a decision? it could be any time from today. he could read | reach a decision? it could be any i time from today. he could read out his decision by the end of this healing because, remember, both parties have submitted their arguments in writing —— this hearing. today is any oral discussion of those arguments. the judge may very well have his decision ready by the end of this healing, or it could take days, weeks for him to make a final decision —— the end of this hearing. we will have to wait and see. decision -- the end of this hearing. we will have to wait and see. thank ou ve we will have to wait and see. thank you very much _ we will have to wait and see. thank you very much indeed. _ the british health secretary sajid javid says there's nothing in the data to suggest the government needed to toughen covid—19 restrictions in england, but that it was still too early to know how hospitals would cope. mrjavid said it was an incredibly challenging time for hospitals as the omicron variant of coronavirus surges, including among older people. sadly, we are seeing hospitalisations arise across the country, particularly in older age groups but, thankfully, there was in intensive care, those numbers are broadly flat. but we do not know enough about omicron to know that the very best way to protect ourselves from hospitalisation, to protect our communities is through vaccination and, in the last few weeks, we have all seen at the big push on boosters because we know that the two jabs are not enough but three jabs provide excellent protection and the nhs in the last few weeks, especially, has done an amazing job in rolling out those boosters. over 75% of eligible adults now boosted. but still more to be done. omicron cases are continuing to surge in the us and parts of europe — in a moment, we'll hear about the situation in france. but millions of pupils across england and northern ireland are going back to school this week. in england, secondary school students will have to take tests on—site before they return to the classroom, and masks are being re—introduced. our correspondent jayne mccubbin reports. bell rings this is bethany. this is kian. and this is what the start of a new term in england looks like. how was that for you, kian? disgusting and horrible. welcome back to school! no—one goes back to class without a negative test seen by barry. how many test results are you going to be analysing today? around about 1,000. that's a lot of kids. it is a lot of kids, yeah. ten minutes after the school bell rings, the first positive result is found by maureen. go and fetch this young lady out of the classroom, and she'll be sent home. she'll be sent home straight away? yes, straightaway. so, within minutes. that's the way it should be, isn't it? it is the impact of positive tests on staffing which is the biggest concern here. only three staff have called in with covid this morning, so we were able to manage the school normally with that, that's no problem at all. last term, though, very tricky? difficult last term, we had a number of illnesses, covid and non—covid related illnesses, about a third of the children were off with covid—related issues, so that was difficult. but we managed, we kept the school open, we kept all the children in lessons, and we aim to do the same thing again this term. this trust blew its supply teacher budget in the first term of this academic year. teaching unions say schools need more cash to cover the cost. but it's not the cost that worries this place, it's the chronic shortage of supply teachers. it's an ever—shrinking supply situation. we need to have high—quality, professional teachers in front of children to give them an excellent education, and they are not out there. they're not out there. in the devolved nations, the expectation is for secondary school kids to do these tests at home before coming back to class, and after that, twice a week from home in northern ireland and scotland, three times a week in wales. but for primary schools and early year settings, it is a different story. here at alexandra infants, there is no new testing, no new masks, but with four staff already off with covid, there are familiar concerns. particularly with the age of the children and the numbers of adults and ratios with our younger children, for example in the early years where our ratio is one to 13, so it's very much being able to manage that and to make sure we have adequate staffing to provide the education we need. great news, you're good to go, you can go back to lessons with your negative result. this is exactly what today is all about. this is the first and so far only positive test result at this academy in stoke. this young lady has now been sent home. and the rest of the children who tested negative are back in class and the hope is they stay in class until the end of term. jayne mccubbin, bbc news. we are expecting the uk prime minister, to give prime minister to give a downing street briefing alongside the chief medical office for england, professor sir chris whitty, and the uk government's chief scientific adviser, professor sir patrick vallance. that's at five o'clock uk time and you can watch it live here. the french health minister has said the country could reach close to a record 300,000 new daily cases of covid—19 infections today. this comes as president macron faced a blow in parliament. that's because a mandatory vaccine pass he is attempting to roll—out by the end of the week has faced a delay after a surpise move by opposition parties. let's cross now to our correspondent hugh schofield in france. this row in the parliament coming against a backdrop of what looks like record case numbers. yes. against a backdrop of what looks like record case numbers. yes. and a lot of anger— like record case numbers. yes. and a lot of anger in _ like record case numbers. yes. and a lot of anger in the _ like record case numbers. yes. and a lot of anger in the government. - like record case numbers. yes. and a lot of anger in the government. a - lot of anger in the government. a lot of anger in the government. a lot of anger in the government. a lot of accusations of incompetence against the government to because basically what happened last night is they were victims of a very basic procedure, parliamentary ambush. they were ready with their trips, they thought, to take this debate well into the night, lots of amendments, going to be one of those all—night sittings to push this through in all urgency because it is very important legislation for them, and then at midnight when there was and then at midnight when there was a routine vote on continuing the debate through the night, they didn't have enough troops. they had their whips, they are not called whips here, but they are the equivalent, without whipping macron�*s party and as a result, the opposition in general were able to inflate the symbolic defeat on them. the debate will —— inflict. the to beat will resume tonight. it was embarrassing because my compass neck party is not showing itself as a professional political party in terms of managing its business —— macron�*s. they say the main conservative party are in principle for this vaccine pass, but did this purely for the sake of making life difficult for the government. you know, that is the point, really. we are in a pre—election time at every opportunity for the opposition parties is one they are going to take to embarrass the government. at the end of the day, though, this legislation will go through and mean that any couple of weeks' time, probably, we will all be required to have this vaccine pass for the first time anywhere in europe or in the world, it will require proof of having a vaccine to do basic things are going to a bar.— are going to a bar. interesting at the moment _ are going to a bar. interesting at the moment in _ are going to a bar. interesting at the moment in france _ are going to a bar. interesting at the moment in france because l are going to a bar. interesting at. the moment in france because we are going to a bar. interesting at - the moment in france because we have had news that these are two very famous twin brothers in france have died with any week of each other after refusing to vaccination. tell us a bit more about that. it is after refusing to vaccination. tell us a bit more about that.- us a bit more about that. it is a ve sad us a bit more about that. it is a very sad story- _ us a bit more about that. it is a very sad story. they _ us a bit more about that. it is a very sad story. they are - us a bit more about that. it is aj very sad story. they are people us a bit more about that. it is a - very sad story. they are people who are very, very famous here in france in the 80s when they had a kind of science, futuristic programme which was a cult programme on the tv and it ended around 1990 but ever since i've been here, they have been in and out of the press, particularly the people press, the celebrity press. they are well connected, no lots of people, have all sorts of projects going on. they also had a strange thing is done to their faces, kinetic surgery made their chins large, their cheekbones go up, —— cosmetic surgery. then they were accused of making up their scientific qualifications so basically they have been in and out of the news at the last 3a years. identical twins and they died within a week of each other after contracting covid and did not take the vaccine but they... it has confirmed the spurious reputation that has always surrounded them that they were not real scientists, but there is a genuine affection for them as well. of course, there is a human study, two twins dying within days of each other like this is extremely moving —— human story. thank you for that update in france. let's bring you up—to—date on the covid figures in greece. on france they reaching about 300,000, according to the french government, and greece has reported a record 50,126 covid related infections, breaking the previous high by some 10,000. the previous high wasjust over 40,000 on december 31, but greece now reporting 50,126 covid related infections. let's look at some of the day's other news. the us reported a record number of new covid cases on monday, with over one million new infections. it came as the highly infectious omicron variant continued to spread throughout the country. the authorities in the indian capital, delhi, have imposed a weekend curfew as covid cases continue to surge. staff have been told to work from home and businesses must operate at limited capacity. let's just look at the latest uk covid figures. another high. 218,724 cases. we have been reporting that many countries around the world, there are record highs field by the omicron variant. 218 thousand 724 there —— 218,724 cases of people testing positive, the latest united kingdom vigour. we will try to get more details on the uk figures in terms of deaths and hospitalisations as well —— united kingdom figures. we have only had partial figures as well —— united kingdom figures. we have only had partialfigures in the uk over the festive christmas and new year period, but that is a full uk figure, 218,000, a very high figure. the world tennis number one novak djokovic will play in this month's australian open after he was given a medical exemption from covid vaccine rules. there'd been speculation over whether djokovic, a critic of vaccine mandates, would take part in the tournament in melbourne, where he'll be aiming to win a record 21st grand slam title. our tennis correspondent, russell fuller, is following developments. one possibility that i think is a real one, given that the omicron variant is so widespread around the world now, is that he has recently tested positive for covid. djokovic had covid for the first time around 18 months ago. if he had tested positive at any point in the last six months that enables you to defer your vaccination and to enter australia without having the vaccination proof. other reasons include inflammatory cardiac illness, or an acute major medical condition. it would seem unlikely that djokovic was suffering from either of those but we are none the wiser until, unless, he himself decides to tell us. let's look at some of the day's other news. hundreds of pro—democracy protestors have taken to the streets of the sudanese capital, khartoum, despite a heavy security presence. people have been chanting slogans against the military and calling for the downfall of sudan's ruling council. the protests come two days after the resignation of prime minister abdalla hamdok. 56 people have died during protests since the october coup — most were shot by security forces. us authorities have arrested a man for his alleged involvement in the assassination of haitian presidentjovenel moise. an american law enforcement official said the man is a former member of the colombian military who haitian authorities say was part of a mercenary group that assassinated moise injuly. the suspect will make an initial court appearance on tuesday. drivers in virginia were left stranded in their vehicles overnight as the authorities worked to reopen an icy stretch of interstate 95 after it closed after a storm blanketed the us region in snow. social media was flooded with posts from desperate drivers trapped in their cars. the fast—moving storm forced the closure of federal offices and schools, grounded airplanes and knocked out electrical power for thousands of residents. elizabeth holmes was the youngest female tech billionaire in history. her start—up, theranos, was seen as a revolution in healthcare. now she faces decades in prison after a usjury found her guilty of conspiring to defraud investors. prosecutors said the 37—year—old knowingly lied about technology she said could detect diseases with a few drops of blood. our north america tech reporter james clayton has more. we'd like to see a world in which every person gets access to this type of basic testing. elizabeth holmes had a vision that turned her into a billionaire — that she could create a machine that she called the edison that could detect hundreds of diseases with just a few drops of blood. the pitch convinced some very important people. media tycoon rupert murdoch invested, bill clinton was a fan. behind me are theranos's former head offices — very plush, very expensive and in the heart of silicon valley. and the great and the good came to visit theranos. evenjoe biden came to california and heaped praise on the company. success seemed inevitable. this is my certificate for theranos, showing my shares and it was actually signed by elizabeth holmes. so it's kind of a bit of history? it really is. a sad bit of history, but history nevertheless. eileen lepera was a secretary in silicon valley. she heard about this amazing new company. my boss had indicated that it was going to be, in his words, "the next apple," and that i should get as many shares as i could, and so i did. it was six figures, which was a large amount for me. what eileen didn't know was that the dream elizabeth holmes was selling was a nightmare. the technology didn't work, but investors like eileen had no idea. elizabeth was in stealth mode, so that we had no idea whether it was going well or was on the brink of collapse. the retail giant walgreens had a contract with theranos to diagnose patients with its machines. however, the court heard that theranos wasn't using its edison machines, but was instead using openly available diagnostic equipment. i just really resent that somebody would make such a massive fraud, especially when so many people told her, "this isn't working." elizabeth holmes has argued at trial that she had always attempted to create a genuine product that worked and that she never intended to commit fraud. what happened behind those closed doors has led to a lot of introspection here in silicon valley. but there's still a culture of faking it till you make it here, and until that changes, people worry that what happened in theranos could happen again. james clayton, bbc news. tyler shultz was the first theranos employee to blow the whistle, and it was at great personal cost given his own grandfather, former secretary of state george shultz, was on the company's board. here he is explaining why he decided to speak out to our sister network cbs. it was really, really tough to keep going, but i am just extremely stubborn and i knew i was right and i was not going to lay down and say that i was wrong when i knew with 100% certainty that i was right. why do you think they believed her over you, someone who was on—site there at the company and could see what was going on? why do you think people even closest to you did not believe you? well, elizabeth is a very, very charismatic person. when she speaks to you, she makes you feel like you are the most important person in her world in that moment and she almost has this reality distortion field around her that people could almost get sucked into. even i, when i was working with the product every single day, seeing it fail time after time after time, i could go have a five minute conversation with elizabeth and feel like i was saving the world again. it's really a hard phenomenon to explain, but she sucked a lot of people into that. tyler, that's well expressed, and i think that our viewers should know that this is not just about investors, there were people that got bad results from this product — a woman who thought she had hiv, another woman who thought she might be miscarrying a baby — so the stakes were huge for patients as well. from your perspective, from where you're sitting, i'm really curious about the personal side of this. this is your grandfather, george schultz, a titan of the 20th century, former secretary of state, your relationship with him got really rocky. at one point you were communicating only through lawyers. what kind of cost did you face as an individual, as a grandson, in taking on this fight? yeah, that was extremely tough. this whole saga has taken financial, emotional tolls on my relationships and the toll that it took on my grandfather's relationship was probably the worst. i mean, it's tough to explain. i had a few very honest conversations with him. we ultimately did reconcile. he never quite apologised, but he at least admitted that i was right about what i saw and he congratulated me for doing the right thing. let me bring up with that court case a new yorker where lawyers for prince andrew and virginia giuffre. thejudge had said to both parties he will make a decision whether to dismiss the case against the duke of york very soon. he soon. he said he appreciates the arguments and passion. you will have a decision very soon. that is the very latest from york. let me bring you all so up—to—date with the covid cases in the uk. we have had a record figure in terms of daily cases. 218,720 for a new covid cases, a new record for a new covid cases, a new record for a number of cases reported on a second day —— 218,724. i should say those figures, those record figures, that does include four days of data from northern ireland and the two days for wales. so those are the latest figures, including the number of cases, 218,724 new covid cases in the uk and 48 deaths. now south korea has a budget including his rise in government spending. the country currently relies on the united states for its defence, but it appears seoul is keen to try to stand on its own two feet. our correspondent has had access to south korean training. three, two, one... i am trying to pass the g—force test... one, two, three... i am all right. 0h! oh, my god. ..and, well, it's not easy. i am here training with the air force to find out more about south korea's aim to be a military powerhouse. but before i can fly, i have to stay conscious. 0k? keep going, keep going, keep going. 0k. ok, good. wow. wonderful! great, great. south korea has shown off its biggest military advancements yet in 2021. it fired an array of new missiles and launched its first rocket into space. the country is also one of only five in the world to train its own pilots on home—grownjets. but what is it like to fly in one? i don't know how i feel! i want my mammy. 0k. i'm scared, but ok. so ijust need to breathe, right? as we do loops in the sky, i hear that, from here, south korea can monitor movements in the north. that the country is now spending so much on defence perhaps shouldn't come as a surprise, because it is still officially at war with north korea. here in the skies over the country, there have also been increasing air incursions from russia and from china. we face probably the most existential security threat. as you know, 68 kilometres from seoul you have north korea, armed to the teeth with nuclear weapons and long—range missiles and guns. we also have china looming in the background and a us that has become weaker as we speak. so even though the americans are our closest ally, we really have to spend much more money and attention on defence. what are we going to do now? yeah, another roll. 0k. the country has sought to pirouette between the world's great powers. it lies so close to china yet relies on the us to shield it from any potential war. president donald trump described that as freeloading, and it has made some in seoul question the strength of the alliance. so we will continue to work very closely with our american allies but we also want to leave room for more autonomous, self—reliant defence. the major even lets me fly the t—50 jet. are you ready? yeah. 0k, make a right turn. south korea is feeling its own way too, slowly taking control over we will go back to new york and join our correspondent. that case where the lawyers of prince andrew and virginia giuffre hasjust concluded. thejudge said he virginia giuffre hasjust concluded. the judge said he will make a decision very soon. bring is up—to—date with the latest. the decision very soon. bring is up-to-date with the latest. the oral arr uments have concluded, thejudge have concluded, the judge says that while there is no specific debate, —— date, he will have a decision soon after hearing both sides discussed their points of views and the judge having an opportunity to question them. what it really is at stake here is whether prince andrew is protected by this settlement agreement that was reached by virginia giuffre and jeffrey epstein in 2009 in florida. remember, this had been a confidential settlement agreement. it wasjust had been a confidential settlement agreement. it was just publicly released after a request through the courts over the last few days. and prince andrew's lawyer essentially said that the duke of york could have been served at that time under virginia giuffre's allegations to do with jeffrey epstein, virginia giuffre's allegations to do withjeffrey epstein, and therefore he will qualify under a phrase in that agreement about any potential other defendants. he says because at the prince could have been a potential defendant in that case, that he is protected from any future legal action.