Madrid, Dec 31 (EFE) .- The Provincial Court of Madrid has dismissed the appeals presented by the families of the four victims of the explosion on Toledo Street and by the Virgen de la Paloma parish, since it considers that the instruction was ” agile “and the investigation was not closed” prematurely “.
The explosion occurred on January 20 at 98 Toledo Street, in a building owned by the Archdiocese of Madrid, in the heart of the city.
Four people died: the priest Rubén Pérez Ayala, 36; his friend David Santos, a parishioner who came to the building to try to help after the heater stopped working and he detected the smell of gas; Javier, a 45-year-old bricklayer from La Puebla de Amoradiel (Toledo) who worked in the building opposite, and Stefko Ivanov, a 46-year-old Bulgarian national who was on the street at the time.
In a car, dated December 7, to which EFE has had access, Section 4 of the Provincial Court has dismissed the appeals filed on the decision of the Investigating Court number 35 of Madrid.
This court agreed on February 22 to free the proceedings and archive the proceedings, considering that the origin of the event was accidental due to “a natural gas leak.” The families presented appeals that were rejected on May 27 in another car.
The parish demanded that the case be investigated “properly and not closed prematurely.” They considered that the “magnitude and elements” that intervened in the explosion “could hardly have been elucidated in just four weeks of instruction.”
Despite this, the magistrates of the Provincial Court believe that the resolution is “in accordance with the law” since, “once the six volumes of proceedings have been reviewed, the allegations that the instruction has been brief cannot be upheld.”
“It can be described as an agile investigation, since the size of the incident with four fatalities and considerable material damage required it. This does not mean that it was incomplete, the police report thus reflects it,” they detail in the car.
In addition, the judges warn that the appeals refer to “continuing to carry out investigation procedures aimed at clarifying the conduct of the gas and water companies, without any specific accusation from any person.”
“It should be noted that recklessness is not one of the crimes that can be imputed to legal persons,” they affirm.
THE INSTRUCTION WAS “COMPLETE”
For all this, they defend that the investigation of the case was “exhaustive” and “no indications of reckless commission of the homicides, injuries and damages have been extracted.”
Given this, they affirm that the judge has not made any mistake “since from the diligences and scrupulously collected reports”, it is deduced that “the gas leak was the cause of the explosion that caused the damages and deaths.”
The magistrates reaffirm that “there is graphic evidence that the cause of the accident was the detachment of the yellow PVC pipe that was detached from the gas intake.”
They consider that the “detachment” of the pipe should have been “gradual” and that, in the same place, there was a water leak that caused a “land clearing” at the place of the “gas connection”.
PARISH WILL CONTINUE BY THE CIVIL WAY
They explain that when it was “completely detached”, the gas “rose up through the sheath of the pipes” which caused condensation on the upper floors of the parish that the “simple actuation of an electrical switch could cause the detonation”.
There is no ordinary appeal against this judicial decision, according to the order.
However, sources from the Virgen de la Paloma parish have explained to EFE that they maintain their “firm disposition” to know “what happened and why it happened” and therefore they will ask for “derived responsibilities.”
They will exercise their rights by civil means, “following the due deadlines”, and will claim “the alleged negligent action of both supplying companies”.
(c) EFE Agency