The investigating magistrate concluded that the official complied with the review of the documentation provided and that the Mislata City Council was not obliged to carry out a prior physical inspection of the fairground facilities before authorizing their opening. The judicial resolution, dated April 24, indicates that the current regulations did not impose on the council the need for a prior technical visit, as this supervision was “discretionary and optional”.
“"The Mislata City Council, faced with possible interpretative doubts about the norm and the circular sent by the competent body, diligently requested clarification, and its doubt was answered unequivocally that the City Council had no obligation to inspect the attraction prior to its opening, the mere presentation of a responsible declaration being sufficient title to open the attraction."
In the same order, the instructor also agrees to dismiss the criminal aspect related to three minors who suffered minor injuries and did not require medical treatment. However, it leaves open the possibility for their families to resort to civil proceedings if they deem it appropriate to file claims.
Despite the municipal technician's departure, the criminal investigation for reckless homicide continues against the fair owner, one of the direct managers of the inflatable castle, and the technical engineer who signed the installation certificates for the attraction. Expert and police reports incorporated into the procedure point to several determining factors in the incident: a gust of wind exceeding 70 kilometers per hour, insufficient and deteriorated anchors, and failures in assembly supervision. Furthermore, the inflatable's technical manual stipulated that the installation should be evacuated and disconnected when the wind exceeded 30 kilometers per hour.
The case also notes that the inflatable castle was placed in a different location than initially planned in the project, a circumstance that could have increased its exposure to the wind. The magistrate has now granted a ten-day period to the Public Prosecutor's Office and the other parties involved to request the opening of an oral trial through an indictment, request the dismissal of the case, or, exceptionally, request new proceedings. The resolution is not final and can be appealed.
