Spain train crash investigation discovers unauthorised removal of evidence
The Ministry of Transport says that there were "no precautionary measures" on the day of the material removal, but the Guardia Civil state that the judge had not yet authorised access
The judicial investigation into the train accident in Adamuz (Cordoba), which killed 46 people and injured 120 others on 18 January, has uncovered serious irregularities in the chain of custody of the material evidence collected at the scene of the accident.
Various documents from the Guardia Civil and a court order state that state railway infrastructure company Adif removed and transferred pieces "of interest for the investigation" before having express judicial authorisation.
According to an official report from the judicial police unit (UOPJ) of the Guardia Civil of Cordoba, dated 7 February and sent to the court of Montoro, Adif workers moved short rail segments that are deliberately cut for technical analysis from the area of the accident to the high-speed maintenance base in Hornachuelos (Cordoba).
On 6 February, a person in charge of the Hornachuelos base said that on 22 January "he had received a verbal order from the Adif area manager to remove rail segments, including welding, and transfer them to the AVE maintenance base". This transfer, he added, was carried out "between the night of 22 and early morning of 23 January".
The worker also said that they carried out "hardness tests" that "were not destructive", although the Guardia Civil's report expresses doubts about the scope of these tests.
When the Guardia Civil and the rail accident investigation commision (CIAF) went to the accident scene on 30 January, they learnt that Adif had taken some parts to Hornachuelos.
They sent an email to Adif on 2 February to warn the state company "not to carry out any type of action on the welds without prior authorisation". The following day, the Guardia Civil went to Hornachuelos to "list and seal all the welds removed by Adif and put them at the disposal of the court".
In their letter, the investigators warn that these parts could include those that the investigative commission intended to analyse after the judicial authorisation on 3 February. "This is shared for your information and for the purposes you deem appropriate," the police document concludes.
The judge's order
Judge Cristina Pastor formally reprimanded Adif for interfering in the investigation with an order from 10 February. The court ordered the return of any material of interest and stated that any future action on the evidence must happen "under judicial control".
In its defence, Adif states that "there were no precautionary measures" in place on the day when they removed the material that was left "abandoned and unprotected". The company says that the purpose of the removal was to "guarantee conservation" and that the pieces "were not manipulated or altered". According to Adif, the material has been "at the disposal of the courts at all times".
The Guardia Civil's official statement, however, says that "it was not until 28 January that Adif received authorisation to access the accident area", which places the prior removal of material outside the framework of authorised procedures.
The Guardia Civil have also told the court that they have found it difficult to obtain the technical documentation they have requested from Adif in a complete and timely manner.
