The
black box - which will hopefully prove or disprove everything that's
been said - has not yet been opened. The official reason given was
that the priority was identification of the dead. This has now been
achieved, opening the way to the 'complex' access to the box - possibly before the driver goes before the investigating judge at
9.30 tonight. The task of this judge is not to assess innocence or
guilt but to decide whether the case should go forward to trial under
a second judge, and possibly jury. This investigative judge is
entitled to call for all data in respect of an accused, including a
criminal record, if there is one. So he'll doubtless be given a
transcript of the Facebook dialogue of a year ago, which many people
seem to think is all the evidence needed to hang the man.
The
national rail carrier - RENFE - will also declare before the judge,
presumablly sticking to their line that it's nowt to do with them and
all to do with the driver.
The
driver is not compelled to say anything at this investigative stage.
Given what trouble his previous comments have got him into, I think
it's a safe bet he won't say much tonight.
The
police will also attend and have said that they are keeping open all
lines of investigation and are discounting nothing.
The
driver will have to re-appear before the judge later, after the police have
completed all their investigations.
I
leave you with the words of a Spanish observer: "People
want a spectacle. When something like this happens, they want someone
to feed on."
That role is currently being played by the
driver, Sr Garzón. In other times and in other places, railway
executives have been jailed for criminal negligence. We wait to see
whether that happens here. But it'll be a long wait.
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