Bondo rockfall trial: verdict with signal effect expected for mountain regions
Five defendants, including FDP member of parliament Anna Giacometti, stand accused of negligent manslaughter before the Maloja regional court. The verdict on the 2017 rockfall is expected on 4 September.
Trial over rockfall in Bondo: court to deliver verdict next week
On 23 August 2017, approximately three million cubic metres of rock broke away from Piz Cengalo near Bondo in Graubünden. The rock masses buried walking trails under metres of debris and claimed the lives of eight hikers. Now the Maloja regional court must rule on criminal liability – the verdict will be pronounced on 4 September.
According to SRF, five individuals stand trial, among them FDP member of parliament Anna Giacometti, who was mayor of Bregaglia at the time of the disaster. The defendants are charged with multiple counts of negligent manslaughter.
Prosecution's allegations
At its core, the trial centres on the question of whether the walking trails in Val Bondasca should have been closed before the rockfall. The prosecution accuses the defendants of having misassessed the danger posed by Piz Cengalo. Multiple warning signs pointed to an imminent rockfall; safety measures such as trail closure should therefore have been ordered. Because this failed to happen, the defendants acted in breach of their duties. The prosecution is seeking suspended fines.
Defence: event was not foreseeable
The lawyers for the accused argued using geological expert analysis and explained that the risk assessment had been correct. Nine days before the rockfall, experts had anticipated an event within the "coming weeks or months". That the mountain would break away so soon and with such force was not foreseeable to anyone.
Giacometti: reliance on cantonal experts
As mayor at the time, Anna Giacometti would have been the person able to order closure of the walking trails – the maintenance of walking trails is a municipal responsibility. In court, she explained that as a layperson she had to rely completely on the assessments made by cantonal geologists. This meant she had acted dutifully, not in breach of duty, as her lawyer confirmed. In her closing remarks, Giacometti appeared visibly moved and stated that she had acted to the best of her knowledge and conscience.
Fundamental question for mountain cantons
According to SRF, the verdict is likely to have signal effects throughout mountain regions across Switzerland. The trial repeatedly touched on the concept of "residual risk" in the mountains: those who venture into mountainous terrain must in principle reckon with dangers. With climate change and thawing permafrost, natural events such as rockfalls are likely to increase in future – not only in Graubünden. This leaves open the question of how far the personal responsibility of hikers extends and what duties local and cantonal natural hazard specialists bear.
Source: SRF