The Provincial Court of A Coruña has unanimously absolved Andrés Cortabitarte, ex Circulation Safety Director at Adif, of charges stemming from the 2013 Angrois derailment that claimed 80 lives and injured 144 passengers.
The court upheld the two years and six months’ custodial sentence for driver Francisco José Garzón. He was convicted of 79 manslaughter counts and 143 injuries by gross negligence after exceeding the speed limit on the A Grandeira curve while on an unnecessary phone call.
It partially overturned the ruling from Santiago’s No 2 Penal Court, upholding appeals from the Public Prosecutor, Adif, its insurer AGCS, and Cortabitarte himself, while retaining civil liability for Renfe and Garzón; QBE insurer must now pay over €22 million in enhanced compensation following 108 victim appeals.
The 268-page judgment features a dissenting opinion from one judge who backed the original conviction over failure to conduct a proper risk assessment on the line.