Animal rights campaigners have vowed to continue fighting to free Morgan the killer whale from a Spanish tourist centre despite ­losing a legal battle, writes Patrick Hill in the Sunday People.

They are furious over a Dutch court’s ruling that the creature, also known as an orca, was legally moved to the zoo in Tenerife.

The campaigners believe they have found the rescued sea mammal’s family “pod” off the coast of Norway – and if possible want to reunite her with them.

But in a blow to the campaign, Holland’s Council of State has ruled that an official acted lawfully in granting permission for Morgan to be transferred from the Netherlands to the Spanish holiday island.

The court made clear that its ­deliberations concerned only the legality of the November 2011 transfer.

The council – similar to the House of Lords – said there was no alternative for Morgan at the time. But it did not consider a claim by the Born Free Foundation that it has now located the family pod.

And it ruled that concerns about Morgan’s living ­conditions and health in Spain were outside its jurisdiction.

Campaigners, including the Free Morgan Foundation, now hope to convince a Spanish court that the orca, believed to be six, should be freed from Loro Parque zoo, where she performs what their experts call “demeaning circus tricks” for tourists.

Captive: In a Tenerife enclosure

Morgan was found sick and malnourished off Holland four years ago and held under a “rehabilitate and release” permit.

She was taken to the Dolfinarium Harderwijk attraction near Amsterdam, where her health improved and experts said she could be freed.

But one-and-a-half-ton Morgan stayed on public view until she grew too big and was shipped to Loro Parque.

A fund-raising campaign launched by The Sunday People with Born Free to release Morgan has raised more than £4,500.

Virginia McKenna, of Born Free, said: “Sunday People readers stand up to be counted when it comes to compassion. We will do all we can to ensure Morgan has a life worth living.”

Foundation president Will Travers said: “Morgan’s transfer to captivity may be lawful but that does not make it right. She should be returned to the wild.”

In a statement on its website, Loro Parque said the legal ruling proved criticisms by campaigners were “false, dishonest and gravely misleading”.

  • On April 20 we reported that the average life expectancy for an orca in the wild is 90. In fact, 90 years is the maximum expected age for a female orca in the wild. The average life ­expectancy is lower than this.