Both the legal defence for 𝗞𝗶𝗻𝗴 𝗘𝗺𝗲𝗿𝗶𝘁𝘂𝘀 𝗼𝗳 𝗦𝗽𝗮𝗶𝗻, 𝗝𝘂𝗮𝗻 𝗖𝗮𝗿𝗹𝗼𝘀 𝗜 against the alleged harassment, illegal monitoring and defamation by agents and subcontractors of the 𝗦𝗽𝗮𝗻𝗶𝘀𝗵 𝘀𝗲𝗰𝗿𝗲𝘁 𝘀𝗲𝗿𝘃𝗶𝗰𝗲, (Centro Nacional de Inteligencia), and for the claimant, Ms 𝗖𝗼𝗿𝗶𝗻𝗻𝗮 𝗭𝘂 𝗦𝗮𝘆𝗻-𝗪𝗶𝘁𝘁𝗴𝗲𝗻𝘀𝘁𝗲𝗶𝗻, have submitted their arguments and evidence to the 𝗖𝗼𝘂𝗿𝘁 𝗼𝗳 𝗔𝗽𝗽𝗲𝗮𝗹.
After the High Court denied permission, the former Spanish king’s defence filed on Friday, June 10, an 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻 𝗳𝗼𝗿 𝗽𝗲𝗿𝗺𝗶𝘀𝘀𝗶𝗼𝗻 𝘁𝗼 𝗮𝗽𝗽𝗲𝗮𝗹 before the Court of Appeal.
As expected, 𝗛𝗶𝗴𝗵 𝗖𝗼𝘂𝗿𝘁 𝗠𝗿 𝗝𝘂𝘀𝘁𝗶𝗰𝗲 𝗡𝗶𝗰𝗸𝗹𝗶𝗻 dismissed permission to appeal his own decision. Interestingly, his March 24 judgment contains very compelling arguments:
At its most stark, [Juan Carlos’ defence’] argument, if accepted, would mean that 𝗶𝗳 𝘁𝗼𝗺𝗼𝗿𝗿𝗼𝘄, 𝘁𝗵𝗲 𝗗𝗲𝗳𝗲𝗻𝗱𝗮𝗻𝘁 𝘄𝗲𝗿𝗲 𝘁𝗼 𝘄𝗮𝗹𝗸 𝗶𝗻𝘁𝗼 𝗮 𝗷𝗲𝘄𝗲𝗹𝗹𝗲𝗿𝘀’ 𝘀𝗵𝗼𝗽 𝗶𝗻 𝗛𝗮𝘁𝘁𝗼𝗻 𝗚𝗮𝗿𝗱𝗲𝗻 [London’s historic ‘diamond district’] 𝗮𝗻𝗱 𝘀𝘁𝗲𝗮𝗹 𝗮 𝗱𝗶𝗮𝗺𝗼𝗻𝗱 𝗿𝗶𝗻𝗴, 𝗵𝗲 𝗰𝗼𝘂𝗹𝗱 𝗳𝗮𝗰𝗲 𝗻𝗼 𝗰𝗶𝘃𝗶𝗹 𝗼𝗿 𝗰𝗿𝗶𝗺𝗶𝗻𝗮𝗹 𝗽𝗿𝗼𝗰𝗲𝗲𝗱𝗶𝗻𝗴𝘀 𝗶𝗻 𝘁𝗵𝗶𝘀 𝗷𝘂𝗿𝗶𝘀𝗱𝗶𝗰𝘁𝗶𝗼𝗻 (unless the Spanish state waived his immunity). 𝗡𝗼𝘁𝗵𝗶𝗻𝗴 𝗶𝗻 𝘁𝗵𝗲 𝗽𝗿𝗶𝗻𝗰𝗶𝗽𝗹𝗲𝘀 𝗼𝗳 𝗶𝗻𝘁𝗲𝗿𝗻𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗹𝗮𝘄 𝗼𝗿 𝗿𝗲𝘀𝗽𝗲𝗰𝘁 𝗳𝗼𝗿 𝘁𝗵𝗲 𝗱𝗶𝗴𝗻𝗶𝘁𝘆 𝗮𝗻𝗱 𝘀𝗼𝘃𝗲𝗿𝗲𝗶𝗴𝗻𝘁𝘆 𝗼𝗳 𝘁𝗵𝗲 𝗦𝗽𝗮𝗻𝗶𝘀𝗵 𝘀𝘁𝗮𝘁𝗲 𝗰𝗼𝗺𝗽𝗲𝗹𝘀 𝘀𝘂𝗰𝗵 𝗮 𝗰𝗼𝗻𝗰𝗹𝘂𝘀𝗶𝗼𝗻. I reject the Defendant’s construction of s.20(1)(a) SIA. He is not entitled to personal immunity on this ground.”
Many thanks again to Ernesto Ekaizer and El Periódico de España for having my opinion on the claim filed by 𝗖𝗼𝗿𝗶𝗻𝗻𝗮 𝘇𝘂 𝗦𝗮𝘆𝗻-𝗪𝗶𝘁𝘁𝗴𝗲𝗻𝘀𝘁𝗲𝗶𝗻-𝗦𝗮𝘆𝗻 against the King Emeritus of Spain 𝗝𝘂𝗮𝗻 𝗖𝗮𝗿𝗹𝗼𝘀 𝗜 before the courts of England and Wales.
By Josep Gálvez