If you haven’t heard by now Emeritus King Juan Carlos I of Spain is being sued by his ex-lover of many years, Ms. Corinna Larsen (formerly Princess of Sayn-Wittgenstein-Sayn), in a British High Court in London, England.
Ms. Larsen is claiming harassment, defamation, stalking (illegal surveillance) against the old disgraced king.
Last Thursday, March 24, 2022, The Honorable Justice Matthew Nicklin denied the request of State/Sovereign Immunity, under the 1713 Treaty of Utrecht, made by Sir Daniel Bethlehem, the barrister representing Emeritus King Juan Carlos. Sir Daniel Bethlehem claims that the old king — and Elephant killer. I’ll tell you about that later — is protected under the State/Sovereign Immunity laws/statutes because he is:
“…the former King of Spain. He abdicated, in favour of his son, now King Felipe VI, on 18 June 2014. The Constitution of Spain does not regulate the legal status of an abdicated King. A Royal Decree, published on the day of the Defendant’s abdication, established that the Defendant would continue to use the title King for life on an honorary basis (“King Emeritus”), would be addressed as “His Majesty” and would receive military honours analogous to those provided to the Heir to the Throne.In the period from 19 June 2014 to 2 June 2019, the Defendant has continued to represent the Spanish State at several public events: [18] and [22]. The Defendant retired from public life on 2 June 2019.
Since August 2020, he has lived in Abu Dhabi, United Arab Emirates: [3]. The Defendant claimed that he was immune from the jurisdiction of the English Court in respect of all or part of the Claimant’s claim under ss.1, 14 and 20 of the State Immunity Act 1978 (“the SIA”) (the relevant parts of the Act are set out in [24]). His claim to immunity arose from his capacity as a senior member of the Spanish Royal Family and Royal House of Spain, including in respect of the claims brought in these proceedings. The Defendant argued that this immunity did not place him above the law. He is subject to the jurisdiction of the Supreme Court of Spain, but that Court alone.
The claim for immunity was based on two grounds: (1) the Defendant was personally immune from the jurisdiction of the English Court as a result of his being a “sovereign” under s.20(1)(a) SIA and/or a member of the family of the current King of Spain, King Felipe VI, “forming part of his household” under s.20(1)(b) SIA; and (2) the Defendant was immune for acts carried out by him in a public capacity, before his abdication, under s.14(1) SIA”
So, after this not so brilliant argument was made, The Honorable Justice Nicklin denied the use of States/Sovereign Immunity noting:
“In respect of the claim to personal immunity as ‘sovereign’ or member of King Felipe VI’s family forming part of his ‘household’, the Court found that: (1) whatever special status the Defendant retained under the law and Constitution of Spain, he was no longer a ‘sovereign’ or ‘head of state’, so as to entitle him to personal immunity under s.20(1)(a): [56]-[60]: and (2) the Defendant was also not a member of the ‘household’ of King Felipe VI so as to entitle him to immunity under s.20(1)(b): [61]-[64].
The definition of ‘household’ under s.20(1)(b) is to be determined in accordance with English Law, and the decision of the Court of Appeal in Apex Global Management Ltd -v- Fi Call Ltd & Others [2014] 1 WLR 492 determined that, to qualify as a part of the ‘household’ under the subsection, the ‘central criterion… is dependence, rather than the performance by any such persons of diplomatic duties or functions…’: [46]- [47].
The Defendant was not a dependent of King Felipe VI but, in any event, since his retirement from public life, the Defendant has discharged no Royal, constitutional and/or representational functions: [64].
In respect of functional immunity claimed in respect of acts of the Defendant carried out in his public capacity, the Court rejected this ground of immunity for acts of harassment alleged against the Defendant prior to his abdication. The Claimant’s claim is based on a course of conduct of alleged harassment by the Defendant. Such acts do not fall within the sphere of governmental or sovereign activity: [68]. Acts of surveillance alleged by the Claimant, if carried out by agents of Centro Nacional de Inteligencia (CNI: The Spanish National Intelligence Agency), might potentially attract state immunity, but no such immunity had been claimed by the Spanish State and it was unclear precisely what role CNI agents played in the alleged acts of harassment: [72].
On the Claimant’s behalf, an offer was made to make clear that she was not alleging that acts alleged against the head of CNI were carried out by him in a personal, not official capacity. The Court will direct that this is made clear in the Claimant’s claim: [75].
The effect of the Court’s decision is that the civil claim brought by the Claimant will be allowed to proceed: [78].“
While this morning the world had its eyes on Westminster Abbey, for the Service of Thanksgiving for the late Duke of Edinburgh, down the street King Juan Carlos I received another massive blow to his already inflated ego. Immediately after last Thursday’s denial of State/Sovereign Immunity Sir Daniel Bethlehem had requested permission to appeal the decision. Well, the decision came and The Honorable Justice Nicklin said…no. Again.
And, so, here we are. The trial will proceed, and I have a feeling it may be just as scandalous as the 1960s Profumo Trial/Affair. Or, worse.
Now, you’re probably wondering why I referred to Emeritus King Juan Carlos I as the “Elephant Killer”, right? Well, on April 12, 2012, the old king went on a luxurious $57,850 a week elephant killing vacation in Botswana, Africa, alongside several wealthy businessmen and his lover at the time, Ms. Corinna Larsen (who was then known as Princess Corinna Sayn-Wittgenstein-Sayn).
During his disgusting vacation of watching innocent elephants suffer after being shot then slowly dying King Juan Carlos I had an accidental fall thus fracturing his right hip in three places. Karma. As a result of his accident, the old king was immediately flown to the San José Hospital in Madrid where he had hip replacement surgery.
King Juan Carlos I’s vacation had angered the people of Spain not just because the old king slaughtered innocent elephants for fun, but also due to the fact thousands of Euros were spent on a stupid vacation while the people of Spain were in a serious economic crisis. When the vast majority of the public learned that the old king was having a years long extramarital affair with a not-so-hot blonde named Corinna combined with a vacation in Botswana, the epic downfall of King Juan Carlos I had begun. Everyone hated him including his old patronage, the WWF España.
If you’re interested in reading about what happened between the WWF España organization and the old king please click here.
royalcorrespondent.com 