Monday, May 29

Álvaro de Marichalar, acquitted of resisting the Mossos in a protest after the 1-O referendum

The Court of Barcelona has acquitted the businessman Álvaro de Marichalar, brother of the ex-son-in-law of the emeritus king, of the crime of resisting the authority of which he was accused for confronting the mossos d’esquadra who tried to protect him from a pro-independence protest after 1- Or, reports EFE.

In his sentence, advanced by The world, the Court concludes that there was no “physical assault” by the defendant on the agents and that his “verbalized opposition” to being removed from the pro-independence demonstration “is understandable from the point of view of a citizen who is exercising his legitimate right” to protest .

The Prosecutor’s Office requested nine months in jail for a crime of resisting authority for the defendant, who was tried in absentia because he was in Panama, going around the world on a jet ski to protest the presence of plastics in the oceans.

As the Court believes proven, Álvaro de Marichalar, brother of the ex-husband of the Infanta Elena, Jaime de Marichalar, posted himself in the Plaza Sant Jaume early in the morning on October 26, 2017, one day before the unilateral declaration of independence (DUI), with a banner against the Government of Carles Puigdemont and an eventual declaration of independence.

Shortly after, a group of students in favor of independence arrived at the same Sant Jaume square, which in the tense days that followed the unilateral referendum of 1-O was the usual scene of demonstrations of both political signs.

According to the ruling, given the “risk” of unleashing public disorder and to preserve his physical safety, a deputy inspector of the Mossos who was in charge of the operation “ordered that the protester be accompanied” inside the Palau de la Generalitat, which two agents did, each taking him by the arm.

As he wanted to return to the demonstration, the defendant snapped at the agents who were not police officers, which led to one of them giving him “two pushes”, after which they took him to a secluded room where he hit his head on the door. , adds the error.

This prompted the Mossos d’Esquara to restrain him, put the handcuffs on him and, after falling to the ground, take him to a room where he ended up sitting down.

In the opinion of the court, although the actions of the agents with the intention of avoiding public disorder or ensuring the safety of the citizen is “understandable”, the “negative” reaction of the defendant to leave the place where he was exercising his right to manifesting is also “understandable and understandable”.

The court considers, in light of the images of the events and the statement of the agents, that the defendant’s conduct was “although discrepant, correct, open to dialogue” inside the Generalitat building, without it being appreciated any type of attack on their part to the agents.

A few days after the altercation, Álvaro de Marichalar wrote on his Twitter account that the Mossos d’Esquadra had “kidnapped” him, in reference to the incident.

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