Bondo rockslide 2017: Trial of five defendants – including National Councillor Giacometti
Eight hikers died in the rock fall at Piz Cengalo. Now five people must answer to the Maloja Regional Court for multiple counts of negligent manslaughter.
Negligent manslaughter: Court clarifies responsibility in Bondo rockslide
On 23 August 2017, three million cubic metres of rock broke away from Piz Cengalo. The debris flow swept down through the Val Bondasca into the Grisons village of Bondo, which was evacuated in time. On a hiking trail, however, eight hikers were buried and killed by the rock masses.
Now, according to SRF, the trial for multiple counts of negligent manslaughter has begun before the Maloja Regional Court. Five people are on trial: the former municipal president and current National Councillor Anna Giacometti, two employees of the cantonal Office for Forests and Natural Hazards, an employee of the municipality of Bregaglia, and an external geologist.
Allegation: Duty of care violated
The core issue is whether the authorities misassessed the danger before the rockslide. According to the indictment, the event was preceded by numerous warning signs: the rock moved increasingly faster, and smaller collapses and larger rockfalls were observed in the days before the disaster. The defendants failed to recognise and take into account these signs "in breach of duty" and remained "negligently inactive" – closure of the hiking trails would have been warranted.
The prosecutor said on the first day of trial: "A precautionary closure would probably have prevented the deaths."
Giacometti: "Not involved in assessment"
Anna Giacometti, former municipal president of Bregaglia and current National Councillor, testified on the first day of the hearing. She pointed to expert opinions at the time and stated that she had not been involved in the hazard assessment. She relied on the assessments of the specialists. Neither was a closure recommended nor discussed. The other four defendants refused to testify.
Path remained open despite warning signals
On 10 August 2017, the external geologist recommended that the Val Bondasca be avoided provisionally. During an inspection two days later, conditions on the mountain remained stable. On 14 August, those responsible assessed a rockslide as an event of the coming weeks or months and considered the residual risk to be acceptable. The Val Bondasca remained open – nine days later the rockslide occurred.
Suspended fines requested
The prosecutor has requested suspended fines. He refrained from harsher demands in part because none of the defendants have prior convictions. The court is assessing the responsibility of the five individuals separately. Three days of hearings are scheduled from Monday to Wednesday. The ruling is to be delivered on 4 September in Pontresina.
Long road to indictment
The current trial has a history. Already in 2019, the prosecutor's office initiated proceedings but discontinued them on the grounds that the rockslide was not foreseeable. It based this on a report from the cantonal office, to which two potential defendants had contributed. Relatives of the eight victims appealed this discontinuation and achieved a ruling from the Federal Court in 2021 requiring the prosecutor's office to reopen the case. The current indictment is based on an independent expert opinion that documented the warning signs and spoke of an "unacceptable risk" in not closing the hiking trails.
Source: SRF