Questions should now be asked of the train company, RENFE
The driver of the train involved in Spain's worst rail disaster in almost 70 years was freed on bail on Sunday night after reportedly admitting to a judge that he had behaved recklessly.
Police on Friday formally accused 52-year-old Francisco Garzón of manslaughter caused by recklessness.
During the closed-door hearing, Judge Luis Aláez took away Garzón's passport and ordered him to report weekly to the court, according to local media. The driver, accompanied by his lawyer, was questioned for around two hours.
The reports, citing police and judicial sources, said Garzón had admitted reckless behaviour. But it was not clear whether the judge had laid charges against the driver or, if so, whether they were the same as those levelled by police.
Garzón arrived at the court handcuffed and wearing dark glasses. He had a visible bruise on his forehead - the result of a gash that he sustained in the crash and which required nine stitches.
Comment: Indeed, it's starting to look like this was not the drivers' fault. In addition, we now have a possible motive for blaming driver - and as usual, it involves big money.
Why the two-hour delay before a state of emergency declared, leaving local residents to carry out rescue operations?
Why did the driver call the operator to tell them the train was going too fast and that it was about to derail moments before the crash?
Questions are starting to pile up for the Spanish authorities.