The Prosecutor's Office had called for a sentence of 30 months. The original ruling was referred to the Provincial Court in Palma. Earlier this month, that ruling was upheld.
Alan's mother Jean read the report of the second acquittal in The Bulletin. Angered and frustrated by what she had read, she made contact. This is her story:
My son Alan moved to Palma in 2019 to carry on his career with a large travel company he had worked with for thirteen years. He had settled and just moved into a new apartment weeks before Spain's lockdown. In June, things were on the move in the travel industry that were allowing tourists to start travelling again within Spain. So he went out that evening - June 10, 2020 - to discuss future planning with one of his colleagues. He had a curry and three drinks. I know as I spoke to him at 10pm Spanish time. He left the bar and walked home. Sadly, that was when the accident happened at the crossing - 10.30pm.
He never regained consciousness. His colleague flat mate didn't find out until the next day. He rang the hospital and found out that my son was there - at Son Espases. They went and were told that my son was on a ventilator and had not regained consciousness following the impact. He had a severe brain bleed and things didn't look good. The British Consulate was informed and my son's colleagues asked to call us - his parents - to break the news. Wow, my life will never be the same.
We then dealt with the British Consulate regarding travel to be with our son. Due to the UK still being in lockdown, this was an horrendous experience. My husband, who suffered from ill health, was in isolation, so we had special permission from the Foreign Office to travel, which took a long time between leaving home in Berwickshire, Scotland to go to Mallorca via London and Madrid. We were met 27 hours later by my son's colleagues and manager. They took us to the hospital to see our son and speak to the doctors. They explained that due to the severe impact with the vehicle, my son had sustained severe head injury which had caused a bleed on brain. They had tested this, and he was clinically brain dead, being kept alive on ventilator. We then had the arduous task of seeing our son and to decide to switch the machine off. But before we did that, our son always carried a donor card and said if ever anything happened he would like to donate his organs.
His dad John and I made that very difficult decision to carry out his wishes. As there were no other injuries to him or reason why he couldn’t be a donor, it was arranged to do this the following day once transplant doctors were alerted. We were able to say our goodbyes on Saturday the thirteenth and he was taken down to theatre at 4pm. They finished the transplant surgery at 12.20am on the 14th, the official time of death. He was able to save six lives with his organs and prolonged many more with other tissue, etc. The transplant team sent a letter to thank us.
We visited the police who had attended the accident. They were very helpful and advised us to appoint a solicitor asap to press charges against the driver and get a case set up, which we did with an English-speaking lawyer in Palma.
We had our son cremated in Palma on June 19 after the forensic team had examined and released his body. This was easier and quicker than bringing him home to the UK. It also gave his friends and colleagues a chance to say their goodbyes, as they were as much his family. Too sadly, his older brother Graham and family back home were only able to have their own send-off without us.
My husband John wasn’t keeping the best health due to the trauma and journey we had had to endure. He was unable to fly home on the 23rd after collecting our son's ashes. He was hospitalised on the 25th with double pneumonia, ventilated in the early hours of the 27th; his body went into sceptic shock The Spanish doctors worked wonders for him. The strain was difficult for me so the Foreign Office flew my eldest son over to be with me. For three weeks we attended intensive care to see hubby. They were able to fly my husband back home by special air ambulance late on July 18. My son and I flew home on the 19th.
I was unable to see my husband as Scotland was still in lockdown. But after doctors spoke to me on the evening of July 20, they advised that nothing more could be done for John. Very sadly, my son and I had the very difficult decision to switch the machine off. My husband passed away that night.
It was a double tragedy, and it saddens me that after spending nearly £10,000 on fighting for justice, the Spanish legal system let me down big time. If I thought for one second that Alan had been at fault, I would never have pursued the case. But after advice from police and hospital reports, etc., we thought we had a winning case. After all, the driver was twice over the limit and speeding. He should not have been driving and also at speed at a large, busy junction. I have visited that exact spot so many times and can’t understand why he has been acquitted not once but twice.
My son was a very happy-go-lucky, well-liked guy. He enjoyed life and had a lot of living to do, but sadly that guy ripped our lives and those of his colleagues and friends apart.
6 comments
To be able to write a comment, you have to be registered and logged in
I should add that only one comment received a negative vote, unlike three out of four in this newspaper. One wonders why they bother.
Another 18 comments, all along the same vein, and all agreeing that the Spanish justice system is flawed. By the way, all posters are undoubtably locals.
Mrs Taylor, You will be pleased to know that your translated letter has been published in a local Spanish paper, and at the time of writing, 21 comments have published, all without exception saying how sorry they are about what happened and several giving thanks for your kind gesture of donating your son’s organs. They also agree with you about the sad state of Spanish justice. No doubt more will be published on Saturday.
Shameful. Bloody typical of the Spanish legal system.
Utter disgrace, the guy was over the limit. Guilty. Joke Spanish system that favours their own.
What a traumatic experience you have been through. Very sorry to hear that your husband passed away as well. I hope you are, nonwithanding the circumstances, feeling at peace with the world. R.I.P.