A Quebecer has been stuck in Spain for four months after being involved in a fatal accident on the first day of his planned 10-day vacation. While awaiting his trial, he is plunged into a real nightmare.
“At first, I was told it could take a week or a month. I don't understand why they keep me here. I am not a criminal, I had a car accident,” breathes Mathieu Béland, joined by The Journalwith acquaintances who are hosting him, in the suburbs of Barcelona.
The L'Ancienne-Lorette resident must stay in Spain, but he is fighting to obtain authorization from a Spanish judge to return to Canada while awaiting legal proceedings.
His life changed on July 14. He and his sister, Audrey, were to embark on their first trip to Europe without their parents. They had arranged to meet in the south of Spain, on the Costal del Sol.
Arriving a few hours before his younger sister, the 27-year-old trucker decided to use their duly insured rental car to scout out the beaches they would visit the next day. An hour after setting foot in Andalusia, he caused a road accident which cost the life of a 58-year-old motorcyclist, in Torremolinos, a few kilometers south of Málaga.
“I’ve never seen this kind of road in North America. I followed my GPS which told me to turn left and I was excessively careful, but it wasn't enough,” laments the man who claims to relive the scene regularly since.
Even though his car was virtually stationary, the impact was fatal for the motorcyclist. Mathieu Béland, who was not under the influence of drugs or alcohol, was arrested by the police and then taken to the station.
Accused of homicide
“When I landed in Spain, I had a message from Mathieu telling me to go and meet him at the police station because he had an accident. I tried to explain what happened, because Mathieu doesn't speak Spanish. They kept him in the cell for the night and told me that he would go to the courthouse the next day,” explains Audrey Béland, who stayed with her brother for 10 days.
Mathieu Béland and his sister, Audrey, were supposed to travel 10 days to Spain and Italy last July. In this photo, they are at the beach a few days after Mathieu was released from prison, near Malaga, Andalusia.
Photo provided by Audrey Béland
During the hearing, his brother was formally accused of homicide by serious recklessness, a crime generally reserved for those guilty of speeding causing death or for those who take the life of someone while impaired. stealing, punishable by one to four years of imprisonment.
“We were stunned,” remembers the young woman. The lawyer who defended him couldn't believe it either. Yes, he made an illegal move, but he couldn’t have known.”
Bail at $75,000
Although he has no criminal record or even committed a traffic offense, Mathieu Béland found himself in prison, thousands of kilometers from home.
After a “night in hell,” the young man’s parents decided to take out a bank loan to pay his $75,000 bail so that he could get out of his cell. Not without difficulty, they found an acquaintance of an acquaintance in Spain to go and pay the debt.
Mathieu Béland's mother has been off work since misfortune hit her son hard. She took many steps to help her offspring, to the detriment of her own health.
“I need medication for sleep and for anxiety. […] I so wish I could hold him in my arms when he's down, but I have to console him with Messenger. It's terrible. I wouldn’t wish that on anyone…” confides Estelle Simard.
Since his release from prison, Mathieu Béland has had his passport and driving license confiscated. He must report to court every week while awaiting trial to prevent him from leaving the country.
In the meantime, he cannot work, since he has no identity papers and a criminal record. Even if his employer in Quebec is “very understanding” and keeps his place warm, the twenty-year-old must live off his savings.
The intersection in question
The type of intersection where Mathieu Béland caused a fatal accident does not exist in Quebec. For example, to turn left, you must take the lane completely to the right.
Google Maps screenshot
- No signage and no ground markings to explain the procedure to follow;
- To turn left, you must take the rightmost lane;
- The traffic light is round whereas in Quebec, there would rather have been a green arrow forward to indicate that you can only go straight;
- A vegetated median acts as a wall of greenery and considerably reduces visibility;
- The motorcycle was coming in the opposite direction while Mathieu Béland's car was stopped in the middle of the road;
- After the accident, a no left turn sign was added;
- Several accidents at this location over the past 10 years, according to a press review from various local media;
- When he returned to the site, Mathieu Béland noticed that the authorities had had some shrubs cut down.
Source: Google Street View
An endless wait for him and his loved ones
Spanish justice is very different from that of Quebec and the more time passes, the more Mathieu Béland's family and loved ones despair of the endless wait to find out if he will be able to return to the country.
Two weeks after the accident which turned the life of the 27-year-old man upside down, his lawyer sent the judge a request to review the conditions imposed by the court, so that Mathieu Béland regains his passport and his driving license for return to Canada to await trial.
“Every week, we tell ourselves that it’s the right one, then we are disappointed,” laments Estelle Simard, the twenty-year-old’s mother. At the beginning, we were so busy with our lawyer, with the Canadian embassy and with our basic needs that we didn't see the time passing. Since September, it’s been a never-ending nightmare.”
Hands tied
Mme Simard asked the MP for Montmagny-L'Islet-Kamouraska-Rivière-du-Loup, Bernard Généreux, to help his family and move things forward. Despite all his “good intentions”, the elected Conservative maintains that his power and that of Canada are limited.
“I discussed it with Mélanie Joly [la ministre des Affaires étrangères du Canada]but our hands are tied, because he faces criminal charges. As Spain is a democratic state, there is a distance to maintain between politics and justice,” he argues, adding that he maintains regular contact with the accused.
Exceptional procedures
The Journal consulted lawyers specializing in Spanish criminal law to find out if it is realistic for Mathieu Béland's family to hope for his rapid return to the country while awaiting his trial. According to experts, several factors can weigh in the balance.
“It’s possible, but it’s more complicated for someone who is not from the European community, because there is a risk that they will evade justice,” warns Me Vicente Seglar, a lawyer from the Valencia region. As he is a tourist, his lawyer can however explain to the judge that this causes him very significant harm.
Based in Madrid, Me Alexis Duc Dodon emphasizes that there are precedents in this area in the Iberian Peninsula.
“This remains exceptional, especially in serious cases such as reckless homicide. These decisions are taken on a case-by-case basis based on the guarantees provided by the accused,” he specifies.
Asked how long Mathieu Béland would have to spend in Spain if the request is refused, Mr.e Seglar says a judgment is usually rendered within a year of the commission of a crime of this nature. It also does not say that the accused will serve time in prison if found guilty.
“It is always possible that the judge decides to reduce the charges during the hearing,” continues the lawyer. I have already defended clients who faced the same accusations and who received a suspended sentence following an agreement with the public prosecutor or by decision of the judge.
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