Gonzalo Boye, Carles Puigdemont's lawyer, spoke about the ruling that causes a repeat of the October 1st trustees' trial, saying that "it seems very strange to me, it does not follow the law". In an interview on Wednesday on Catalan channel TV3, Boye explained that in this new ruling, the assessment the criminal court made at the time was analysed, although he indicated the way it was done caught his attention, because he has never seen it in any other type of ruling. "But hey, they are Catalans, that might be the answer". When asked about this statement, Boye was blunt, "it has already been made clear that there is one law for Spanish citizens and another for Catalans". On the public prosecutor's office's decision, he said an appeal could be lodged and if confirmation that the trial must be repeated arrives, "we must remember no crime was committed".
Anna Gabriel's return to Spain
Boye also spoke about Anna Gabriel's return to Spain. This Tuesday, former CUP MP Anna Gabriel returned to Spain after more than four years of exile in Switzerland. As announced by the Spanish Supreme Court, Gabriel appeared voluntarily before the court in order to regularize her judicial situation. After her appearance, Judge Pablo Llarena decided to summon her for questioning on September 14th, with the participation of the rest of the parties involved in the trial. She was provisionally released, and returned to Switzerland.
Puigdemont's lawyer stated that Gabriel was always able to return to Spain without any problem because she does not have a European arrest warrant (EAW), she is only accused of the crime of disobedience, which does not entail a prison sentence, so she could have returned at any time since she left for Switzerland. "Both she and Marta Rovira have freedom of movement". He recalled that the only ones who have an EAW are Carles Puigdemont, Toni Comín, Clara Ponsatí and Lluís Puig, and that "Spain is not respecting their immunity as MEP".
ECJ's ruling on Lluís Puig
He also spoke of the decision by Jean Richard de la Tour, ECJ advocate general, on the preliminary questions that Judge Pablo Llarena submitted following the decision by the Belgian Judiciary to refuse the extradition of minister Lluís Puig. The advocate general announced that the examining judge can re-file the EAW in Belgium against Puig if it is proven that the previous one was refused in contravention of EU law. Boye defended we must wait to hear the ECJ's position, since it has one jurisprudence and is not looking for another. He stated that "we could have a fourth EAW, but as we have done with the previous three, we would stand up to it".