Clara Ponsati lawyers want Spanish PM to give evidence
LAWYERS representing Catalan nationalist Clara Ponsati plan to call the Spanish Prime Minister to give evidence in her Scottish extradition battle.
Advocate Gordon Jackson QC told Sheriff Nigel Ross QC yesterday how he wants Pedro Sanchez to come to Edinburgh to give evidence.
Mr Jackson, the Dean of the Faculty of Advocates, also told the court he intends to call other “senior” political and legal figures to give evidence in the case.
He told Sheriff Ross that he believes attempts to have the St Andrews University professor returned to Spain are “politically motivated”.
Mr Jackson claims Ms Ponsati will not receive a fair trial in Spain.
He wants Mr Sanchez, a socialist, and other leaders to come to Scotland so they can give evidence about the current political situation in the country.
The figures which Ms Ponsati’s lawyers will cite also include Mariano Rajoy, the former PM of Spain, Soraya Saenz de Santamaría, the former deputy PM, and Fernando Grande Marlaska, an MP and Minister of the Interior who is also a former judge.
Jose Manuel Garcia-margalla, the former foreign minister will also be cited as will Jose Burrell and Santiago Abascal, the leader of the far right VOX Party.
Speaking at Edinburgh Sheriff Court, Mr Jackson said: “We intend to call senior figures from the judiciary and politics. We want to call the Prime Minister, the former prime minster, the Foreign Minister and the former foreign minister.
“We want to call the leaders of the political parties in Catalonia. We have no idea whether they will come or not. But it’s our intention to call them.”
Ms Ponsati surrendered herself to Police Scotland officers earlier this year in response to a European Arrest Warrant (EAW) issued by Spain.
It is the second EAW issued by
Spanish authorities against Ms Ponsati.
The Spanish authorities want to try her in the country on a charge of sedition – the illegal act of inciting people to resist or rebel against a government.
The charge relates to Catalonia’s October 2017 independence referendum, which the Spanish state deemed illegal and refused to sanction.
Professor Ponsati, 62, was education minister in the Catalan government at the time.
If extradited and convicted, she could face a sentence of up to 15 years. The extradition request follows a trial from earlier this year when the Supreme Court in Spain sentenced nine Catalan nationalist politicians to 100 years between them.
British extradition legislation states that a person can only be extradited abroad if the offence alleged to have taken place is one of which there is an equivalent in UK law.
At proceedings last month, Sheriff Ross remarked to prosecution lawyer John Scott QC that sedition was abolished in Scots law with the passing of the Criminal Justice and Licensing Act in 2010. He said: “Sedition hasn’t been an offence in this country in 2010 so is there a comparable offence to it?”
Mr Scott replied: “Yes – there is. The headline offence in our law is treason. The way the Spanish state describes sedition in its criminal code is directly comparable to our crime of treason.”
Yesterday Mr Jackson told the court that his client’s case will focus on the Spanish judiciary’s lack of independence. He added: “We will be looking at whether this woman will get a fair trial in Spain.”
Sheriff Ross fixed another procedural hearing to take place on January 23,
2020. Both the defence and the Crown, who are representing Spain, will have to submit detailed legal submissions about the case to the court on that date.
Speaking following the case, Ms Ponsati’s solicitor, Aamer Anwar said: “To put the charge in context just imagine if tomorrow Nicola Sturgeon won the election in Scotland and were to call a referendum and the British Prime Minister Boris Johnson sent in 15,000 police officers to attack voters, imprisoned half the Scottish Government whilst issuing warrants for our First Minister Nicola Sturgeon and others who sought sanctuary in Europe, threatening them with 15 years in prison for sedition if extradited or convicted.
“A true democracy guarantees the absolute freedom of expression and politicians must be able to speak freely, independently and without any fear of any form of prosecution or punishment. Spain’s politically motivated prosecution is driven by vengeance and a total contempt and lack of respect for international law and human rights.”
The case will call again next month.