Trial starts in child motorbike karting track death

On Monday, 1 April, starting at 10:00 a.m., the Criminal Court number 4 of Huelva will host the trial in relation to the death of a minor in Karting de Cartaya in 2018, in which the private prosecution asks for four years of prison and compensation of more than 300,000 euro, whilst the entity’s defence affirms that free acquittal must occur since “there is no crime,” according to the court documents.

The events date back to March 2018 when the minor, a resident of Aljaraque who was 16 years old at the time, died after colliding with a tree at a Cartaya karting venue while preparing for a competition race.

The incident took place around 12:45 p.m., when 112 received a call reporting the incident to which the emergency services were deployed but medical staff could do nothing other than confirm the minor had died.

After that, the Court of First Instance and Instruction number four of Ayamonte issued an order transforming it into an abbreviated procedure for an alleged crime of reckless homicide, punishable by up to four years in prison. The judge considered that there were “indications of the commission of this crime by the head of the circuit and the minor’s instructor”, since he considered that “the omission of the duty of care, or foresight, of both defendants could have occurred that was configured as a real and knowable danger,” reported the Superior Court of Justice (TSJA).

In this sense, the resolution reasoned that the minor “did not have a federative licence and that he used a motorcycle of notable power (600 cubic centimetres) without any verification or control being carried out on the circuit regarding his age, absence of a licence, motorcycle characteristics or power”.

The judge also made reference in the judicial document to the fact that the kart track “only had an administrative license issued for the practice of karting and with safety measures typical of such a modality, which were insufficient with respect to accidents that occurred when using motorcycles such as the one used.”

The judge reported in the order that the events would have taken place “around 1:00 p.m. on March 20, 2018”, when the minor died while practicing motorcycling training at the facilities of the Cartaya kart track, operated by a commercial company. which is the CEO and top leader of one of those investigated, who had “full powers of organisation and direction.”

The minor went to the circuit “during school hours” accompanied by his father and an instructor, who is the second person investigated in this case, according to the judge, who added that the minor “did not have any federative licence” issued by the Andalusian Motorcycle Federation and carried out the training on a “high-power” motorcycle, specifically 600 cubic centimetres, “owned by the instructor, who advised and directed him and with whom the minor had previously arranged through a paid relationship the provision of their services”.

The accident took place in a curve located at the end of a straight line, where the minor did not maintain the track’s layout and, upon leaving it, exceeded the tyre barrier and the metal fence, which was “insufficient to prevent the motorcycle from will overtake it”, hitting a large tree located a few metres from the outer perimeter of the circuit.

According to the judge in the order, the motorcycle “exceeded the safety measures, finally impacting the tree, in terms that would not have been feasible in the same way for a kart,” stressing that the safety measures would have been more suitable to stop the start of a kart track”.

For his part, the entity’s lawyer, Enrique Arroyo, told the media after the incident that the young man rented the track to ride a motorcycle he owned.

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