Spanish prosecutor demands four-year prison term for driver as Málaga coach crash trial opens

Accident in April 2008 killed nine and injured nearly 40

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The Spanish man accused of having caused the horrific bus accident in Málaga in April 2008, in which nine Finnish tourists lost their lives, insisted in court on Thursday that he was fit to drive on the evening of the accident.
      The accident took place in heavy rain on the Autovía A-7 in Benalmádena on the Costa del Sol in Spain.
      The man whose SUV collided with a bus carrying Finnish holiday-makers back to the airport was on his way home from a barbeque party.
      At the scene of the accident he was found to be under the influence of alcohol, blowing a 0.01% reading in a breathalyser test.
      “I had drunk a few beers; two or three at the most. The last one I had around three o’clock in the afternoon. I was completely fit to drive”, the man told the judge in Málaga.
     
The prosecutor saw things differently. According to the police investigation, in spite of the difficult conditions (rain and strong winds) the man’s SUV was travelling at least at a speed of 152 km/hour on a motorway stretch where the maximum speed limit was 120 km/h.
      “The alcohol in his blood encouraged him and provided him with a false sense of self-confidence. He thought he was the king of the world”, prosecutor José Luis Bueno told the court.
      The man stands accused of nine cases of manslaughter, 26 cases of causing grievous bodily harm, driving under the influence, and endangering traffic safety.
     
The prosecutor demanded the maximum penalty: four years of imprisonment and a six-year ban from driving. The sentencing will take place in the coming weeks.
      The court heard testimonies from eyewitnesses, the driver of the crash bus, traffic police experts, and the psychotherapist of the accused.
      The eyewitnesses said that they had been terrified of the man’s reckless driving.
      The accused estimated that he had driven at a speed of 130-140 kilometres per hour.
      He did not seem to consider this a serious offence.
      The 31-year-old man from Málaga appeared nervous in court, occasionally bursting into tears.
      “I lost control of my vehicle while braking”, he said quietly.
     
In the defence’s view, the man was only guilty of speeding and endangering traffic, despite the serious consequences.
      As mitigating circumstances the defence offered the man’s remorse and the fact that the harm to the victims has been compensated for.
      The defence requested that the man be given two months’ worth of day-fines and banned from driving for one year.
      The victims of the accident have agreed on compensation settlements with the driver’s insurance company.
      They have no further claims in the court case.
      If the man is sentenced to less than two years' imprisonment, as he is a first-time offender, the sentence will not be carried out.
     
The accident shocked the Costa del Sol’s substantial Finnish community.
      “Of course we hope for an appropriate verdict. Even four years in prison seems like a short time. He should definitely do some time”, says travel guide Marja-Leena Myyryläinen from Fuengirola, who took part in providing assistance to the victims.
      The defendant spent six weeks in police custody after the accident, before being released on bail of EUR 18,000. He has been at large during the nearly four years until the trial began.
      The accident was the worst on Spanish roads since 2001.


Previously in HS International Edition:
  Prosecutor calls for four-year prison sentence for driver of SUV in Malaga coach crash (20.9.2011)

See also:
  SUV driver in Malaga coach collision remanded in custody (2.5.2008)
  Spanish prosecutor: Driver of coach crash SUV could face lengthy prison term (23.4.2008)
  Twelve injured coach crash passengers brought home from Spain last night (22.4.2008)
  UPDATED SUNDAY 19:40: First of injured in Spanish bus crash to return to Finland tonight (20.4.2008)
  SUNDAY MORNING 1:40: At least nine Finnish tourists dead in Costa del Sol bus crash (20.4.2008)

Links:
  Benalmádena coach crash (Wikipedia)

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