The train had derailed on July 25 just a few hundred meters beyond the cut-off point for the European Rail Traffic Management System.

Investigators said that Francisco Jose Garzon, the train driver, received a call from the staff of the rail company Renfe to discuss the route he needed to follow, a news agency reported on Tuesday.

The court made the ruling after analyzing the train's data recorders, which register speed, distances and other data. The train was running at 192 km per hour in a curve with speed limit of 80 km.

The driver has been accused of manslaughter caused by recklessness. Colleagues have described the 52-year-old Garzon as an experienced railwayman who had worked for Spain's national rail company, Renfe, for around 30 years.

According to Renfe, there were 218 passengers and five railway staff on the train involved. It is Spain's worst rail accident for more than 40 years.


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