The Court of Instruction number 2 of Ibiza has filed for the second time the judicial case for the death of Ángel Nieto in a traffic accident in Ibiza and has exonerated the driver involved in the event, as confirmed by his lawyer, Jaime Campaner.
The order of Judge Paloma Poveda considers that there was no “recklessness” on the part of the person investigated and, in any case, if there had been, “in no case would it be serious, which is what the Penal Code requires to criminally investigate someone.” due to recklessness,” the lawyer detailed.
The accident occurred on July 26, 2017 on the Santa Gertrudis highway, when the driver's car collided with the rear of the quad that Nieto was driving, causing him to be thrown and hit his head on the ground.
The pilot died on August 3, after being admitted to the Intensive Care Unit (ICU) of the Nuestra Señora del Rosario Polyclinic for several days.
Campaner has detailed the "factors" that make his client "especially exonerated" in the case: the "low speed" at which he was traveling, the fact that the brake lights of Nieto's quad were covered in mud "and were not "they fulfilled their function" because "you can't see the braking", and that the former motorcycle rider was wearing "his helmet unfastened", a circumstance that, otherwise, "would have avoided the tragedy", he added.
In this sense, the magistrate connects the cause of Nieto's death, a traumatic brain injury, with the statements of witnesses who indicated that Nieto was wearing his helmet unfastened at the time of impact.
It should be remembered that in the first instance, the Investigative Court number 2 of Ibiza archived the proceedings when it understood that the driver under investigation did not commit any crime.
However, the expilot's relatives appealed against the dismissal because they considered it premature and asked that proceedings be carried out, at the same time that they requested the statement of the driver and witnesses.
Campaner has explained that the Palma Court agreed to reopen the case because, although it considered the defense's thesis "reasonable", that no imprudence had been committed, the case had been filed "prematurely" without being taken into account. statement to the investigated.
“It was a procedural issue, but not that they had seen signs of responsibility,” the lawyer added.
Since then, the statement of the person being investigated and the proceedings and investigations requested by the accusations have been carried out.
“The result of the proceedings carried out over several years has been, in our opinion, in the opinion of the prosecutor and in the opinion of the judge, clearly favorable to the defense thesis,” the lawyer concluded.
