The two managers and the Castor company are acquitted of crime against the environment

The first section of the Castellón Provincial Court has acquitted Recaredo del Potro and José Luis Martínez Dalmau, former president and former CEO, respectively, of the company Escal UGS, awarded the Castor project, of the crime against the environment and resources natural persons of whom they were accused, as well as the company itself, majority owned by ACS.

The start-up of the Castor gas deposit caused a strong social alarm on the coast of Castellón and Tarragona, by generating hundreds of small earthquakes that were perceived in several towns in those regions.

The sentence, which can be appealed to the Supreme Court, acquits the two defendants and the company of the crime against the environment and natural resources, with risk to the life and physical integrity of people, with withholding of information from the administration and with a serious risk of irreversible or catastrophic deterioration for which they were accused, without making a declaration on civil liabilities derived from the crime, and declares the procedural costs ex officio.

The court observes the absence of fraud, considering it evident that “the conduct of the accused was intended to develop an industrial activity and not the pure intention of causing earthquakes (seismic events) capable of producing harmful or damaging effects.”

The sentence considers that the defendants were not aware that their activity “could generate a certain risk of damaging the environment and, nevertheless, they would carry out the action (eventual fraud)”.

“But it is also that, in addition, it has been proven that the defendants did not remain impassive in the face of the increase in seismicity between September 9 and 17, but that on the contrary they were adopting corrective measures as they became aware of the increase in seismicity. seismicity caused by your business activity “.

In this sense, the court appreciates the fact that “they proceeded to analyze in detail the evolution of the induced seismicity and the gas injection rate was reduced after a precise analysis of the data, in addition to informing the authorities of said increase in seismicity. seismicity “.

Judicial procedement

The trial began on October 8 in Castellón. The public prosecution requested a petition for each of the two directors accused of 6 years in prison and a 15,600 euro fine, although it eliminated the catastrophic risk in the rating, considering that it had not been proven; while the defenses requested the free acquittal of both the accused and the mercantile.

For their part, a total of 123 affected by the earthquakes caused by the Castor project claimed the concessionary company Escal UGS, SL -mainly owned by ACS- and the two executives a total of 1,845,000 euros for the moral damages produced by the Generalized “wave of panic” that occurred as a result of the 552 earthquakes that were detected in the affected populations, according to the BCV Lex law firm, which represented the association of affected Aplaca.