The United Kingdom Court of Appeals published a motion yesterday in which, although they confirm that King Juan Carlos I can appeal the decision of the first instance to fully withdraw his immunity, he is allowed to review all aspects. do not give. His former friend Corinna zu Sion-Wittgenstein accused him of intimidation and harassment from 2012 to 2020, and the court only allows the monarch to partially appeal for this judicial protection before becoming head of state. The resolution makes it clear that Don Juan Carlos is not part of the aftermath of his resignation. “Family Center” (“Household”) Felipe VI, which was one of the main axes on which his defense was based.
“It cannot be imagined that the defendant would in any sense be described as part of the king’s house. He does not live with his son (not even in the same country), nor does he play any supporting role in his work», indicates the resolution of 26 July. Very strongly worded and contrary to those created by his defense counsel, Judge Peter Jackson is shown: “I do not think the argument has any potential for real success.” King’s lawyer Timothy Otty insisted on the word in a hearing held a week earlier. “real home” To justify the role of Don Juan Carlos and to point out that everything he does affects the current head of state. “This is clearly correct”, explains the English judge, but reduces the term to a «Label» «Just a peculiarity of Spanish vocabulary, that it cannot shed light” on immunity, he explains.
In addition, Togado points out that “The Spanish Empire itself has shown no interest in the issue of immunity in this matter”, It should be remembered that Judge Matthew Nicklin of the lower instance had already said in the sentence in which he denied protection to the emperor that he would have been more comfortable in his decision if a Spanish authority had clarified the position of Don Juan Carlos. Feel it
Yesterday’s resolution suggests that only three of the five points that were to be appealed could go ahead and review immunity based on the 1978 law and the Vienna Convention. Both were claimed to be in defense of the king, first about the events that the German businessman says happened before his abdication in 2014 and second for all others. For Judge Jackson, an in-depth discussion is necessary to see whether the facts described in the trial were acted upon in a public or private manner and to attempt “fine surgery”
“I think the problem is not simple, and it may ultimately be that the question of immunity cannot be properly resolved (with respect to all or some of the acts) at this stage. But I believe that the matter should be investigated by the Court within the framework of the cassation appeal., exposes. What seems certain, however, is that whatever the Court decides will at least be part of the claims of Corinna zu Sai-Wittgenstein. “It is clear that even if the defendant is successful on grounds 1, 2 and 4, it won’t be fatal Claimant’s claim, as she alleges ‘post-abandonment’ acts of harassment for which immunity cannot arise.
Now the judicial visit of Don Juan Carlos in London will continue while awaiting what the Court of Appeals decides on immunity to those terms. Sources close to the defense say that this process can safely go on till 2023.
