Judge dismisses criminal complaint over PortAventura accident

A judge in Tarragona has dismissed a criminal complaint from 18 people affected by an accident at PortAventura World on February 11. 

There were no signs of a crime, the judge found, after an investigation into the incident on the Tomahawk ride. 

The victims have appealed the decision and have asked for more statements to be taken from other people who witnessed the crash. 

"The judge considers that there is not sufficient negligence for it to be a crime, without prejudice to the fact that we can initiate civil legal proceedings," lawyer Sergi Ramos told the Catalan News Agecny (ACN). 

According to the police report, there were 17 people on the ride when it collided with a large tree that had fallen in the middle of the track, where it could not be seen by the ride operators or customers. 

It was the first time the attraction had run that day. 

CCTV footage showed that the ride was inspected by two structural operators and two mechanical operators in the morning, and a test trip carried out at 9:27am. The tree at 10:05am and the attraction was opened to the public at 11:19am for the public.   

The tree and other trees in the area had been properly pruned.   

On the day of the incident, several attractions were closed due to wind. The Tomahawk closes when a nearby anemometer shows winds of more than 50 km/hm, a windspeed that was not exceeded on the day in question.    

"The injuries were caused by the impact of the victims with the tree, not by previous, contemporaneous or subsequent negligent action by those in charge of the park, so the event is considered a case of luck," the judge's statement said. 

Although the judge found no evidence of criminal negligence, those affected could make a civil claim.