Alvia trial: the victims of the accident begin to testify

2023-02-15 15:01:44 By : Ms. Kelly Chen

The "irreparable damage" suffered by the victims of the Alvia train accident that left 80 dead and more than 140 injured, almost 10 years later, has marked the beginning of the phase that will determine civil liability."This damage is irreparable. There will be a sentence, but justice, I doubt it," said the representative of the Apafas association of injured parties, Cristóbal González, who recalled that it is an accident that "could have been avoided from the outset." .The first day of the civil phase of the trial for the Alvia accident on July 24, 2013 has been led by the statements of the victims about the physical and mental consequences that it has left them and the "open wound" by the judicial procedure in progress.Before this new phase began, the representative of the Apafas association of injured parties, Cristóbal González, has indicated in statements to the media that he is facing the trial with "disappointment, impatience, nervousness and demotivation" and that the only thing he would ask is that " finish soon, don't delay any longer. Because you can't imagine the damage that all this causes.""After nine years now, this does a lot of damage," said González in relation to the trial that he has said is "the only wound that remains open," while it is still ongoing."Will there be a sentence? Of course. Justice? I doubt it. This damage is irreparable," insisted the representative of Apafas.In this regard, he has denounced that it was "an accident that could have been avoided and due to the fatality of various elements, various factors, one of the greatest tragedies that can be imagined has been experienced."In his statement, the president of the Apafas association has revealed that he met with the driver of the Alvia Francisco Garzón, one of the two defendants in the trial.As highlighted by the president of the victims' association to questions from Garzón's lawyer, and to the anger of the judge, who has stressed that the procedure is divided into two parts (criminal and civil action), the meeting between this victim and the driver came to Santiago through the intermediation of the lawyers of both parties and had "the opportunity to speak with him" since he "wanted to meet him", because, as a driver, he was also "an affected traveler" by the accident.González declared this Tuesday in fourth place before judge María Elena Fernández Currás, in a session in which a total of 15 witnesses intervened, all of them victims of the accident.One thought, that the train was the fastest, most comfortable and safest way.It is something that each of the 15 victims injured in the Alvia accident who have declared at the beginning of the civil phase of the trial, which took place this Tuesday in Santiago, have highlighted.The first two victims of the accident to testify, as witnesses, have been mother and daughter, who, by videoconference, have recounted, the first what she experienced when going in the Alvia, and the second the dramatic moments until she was able to see her mother in the hospital to which she had been transferred, with "many injuries".Both have testified, to questions from her lawyer, the one representing Apafas, that the older woman decided to go by train instead of by car because it was "faster, more comfortable and safer.""There is no money that pays for the change in life, there is no money that pays for the impotence that you feel when you see a person sitting in what you think is the best option for them to travel (...) There is no money that give a little peace", the daughter stressed, towards the end of the lawyer's questions.At that moment, the judge has dried her tears with a handkerchief."She is the first and I'm already crying," said Fernández Currás.This is the first session of the civil phase of the trial in which they try to establish the compensation of the injured and the families of the victims, which add up to a total of 57.7 million euros, began at 09:45 in the morning.The actions are directed against the Renfe insurer (QBE);that of Adif (Allianz Global Corporate & Specialty);Renfe Operator and Adif.The court admitted the statements of 522 witnesses in this phase of the process and an average of 15 per day will appear.From this Tuesday and for the next few months, the City of Culture, in Compostela, has begun to receive the relatives of the fatalities and those injured in the greatest railway tragedy of the last 80 years in Spain.After more than four months of a trial that began on October 5, magistrate María Elena Fernández Currás ended the criminal phase of the oral hearing last Wednesday.The only two defendants, the engineer of the accident train, Francisco José Garzón Amo, and the former head of traffic security for Adif Andrés Cortabitarte, face four years in prison for 80 crimes of homicide for serious professional negligence.The long testimonies of these months have served to lay some of the foundations of what happened on that fateful day, July 24, 2013, when the train coming from Madrid took the A Grandeira (Angrois) curve at 192 kilometers per hour. , at more than double the allowed speed and derailed hitting the concrete wall.The telephone call from the controller to the driver is one of the main assets of Adif and the defense of Cortabitarte, who focus their defense on blaming the driver for what happened.However, the driver's defense also tries to blame the administrator for not having carried out the corresponding risk assessment before the start-up of the high-speed line between Ourense and Santiago, whose initial project was modified, so that the ERTMS system on the track was disconnected.It will not be foreseeably until June when the judge leaves the case for sentencing.