A man who racially abused an elderly black woman onboard a Ryanair flight will face prosecution by the Spanish authorities, HuffPost UK has learned.
A Barcelona prosecutor has launched proceedings against David Mesher, a city official confirmed, a day after it emerged he would not face legal action on British soil.
Mesher was filmed calling victim Delsie Gayle an “ugly black bastard” on a flight to Stansted airport from Barcelona last October and the decision by Essex Police was branded “disappointing” by the 78-year-old and her family.
But speaking exclusively to HuffPost UK on Tuesday, Aida Guillen, director of citizen’s rights at Barcelona City Hall, said the Spanish authorities would take action.
“In October, when everything happened, we denounced the situation to the prosecutor and he believes there is a case, so he’s actually prosecuting the case. The case is open,” Guillen said.
“The judiciary here in Spain goes slow – so this will not happen quickly.
“Barcelona City Council has provided the prosecutor with the information regarding the victim and the testimony; he has everything in his hands and has reaffirmed to us today that there is a case and he will go on with it.”
The prosecutor will collate evidence and it will be discussed with British authorities whether the issue will be dealt with in the UK or in Spain, Guillen added.
“It’s going to take time but we’re happy that this is being taken seriously,” Carol Gayle, the victim’s daughter, told HuffPost UK.
According to lawyers who spoke to The Mirror, the offence can only be prosecuted in Spain.
Essex Police said: “Following disturbing footage on social media we have completed a thorough investigation into reports a woman was subjected to racial verbal abuse on a stationary plane at Barcelona Airport.
“Although the offence did not happen within the jurisdiction of England or Wales, we conducted a thorough investigation and sought advice from the Crown Prosecution Service.
“They did not have the jurisdiction to advise on any charging decision.
“We have completed our enquiries as far as we are legally able to, given that the incident did not happen within our jurisdiction and are now in contact with the Spanish legal authorities so that they can determine how they wish to proceed.”
Following the incident, Mesher appeared on ITV’s Good Morning Britain, claiming he had lost his temper after he said he asked Gayle, a member of the Windrush generation, to move seats.
He apologised to Gayle, who said it would take a long time to “forgive and forget”.
She later told GMB that she had “never been through anything like this ever in my life”.
Ryanair was criticised at the time for not acting quickly enough, releasing a statement about a week later to apologise to Gayle.
CORRECTION: This article originally attributed quotes to Ada Colau, the mayor of Barcelona. These are in fact from Aida Guillen, Director of Citizen’s rights at Barcelona City Hall.