The 29-year-old Dutch woman accused of having caused the fatal accident in Alcudia on November 15 has been remanded in custody.
Around 1.50am, an MG with four people collided head-on with a Hyundai Kona on the Horse Roundabout in Puerto Alcudia. 53-year-old Dutch citizen Frederik Harm, one of two people in the Hyundai, died some two and a half hours after the accident.
The woman told Guardia Civil Traffic Police that Frederik Harm had been driving the Hyundai. Investigations established that she had lied. She had been driving. The vehicle entered the roundabout in the wrong direction and collided with the MG.
She was taken to Inca Hospital and was tested for alcohol and drugs; she was positive for drink and marijuana. It has emerged that Frederik Harm was conscious for a time and told police that he "exonerated" the woman. Checks on the vehicle included finding a man's shoe by the passenger's seat.
The two were on holiday in Mallorca and had been scheduled to return to the Netherlands on November 22. A brother of the deceased says that the woman was "like a daughter to him". She was discharged from hospital but refused to leave.
On Wednesday, the court of instruction in Inca overseeing the case stated that the woman lacks a family or support network and that her employment and family circumstances in the Netherlands are unknown. "Therefore, there are no guarantees that she will be available to this court or, if applicable, to the court that will try the case.
"The crimes attributed to her, including manslaughter, carry a penalty of up to four years in prison. Therefore, the risk of flight and even the commission of similar crimes, given the analytical results of the suspect's test and a conviction in the Netherlands for driving under the influence of alcohol or narcotics, as well as for 'premeditated' driving without a licence, warrant her being remanded in custody without bail."
The judge added that this decision could be subject to review "if evidence is presented demonstrating sufficient ties to her country of origin, and her location is guaranteed, as the Netherlands, a member of the European Union, has international cooperation agreements with Spain that would allow for her extradition to Spanish courts".