Acquittal in Bondo trial: court criticises prosecution after 2017 rockfall
The Maloja Regional Court has acquitted all defendants in the trial over the rockfall at Piz Cengalo. Eight people died in 2017.
All defendants acquitted in Bondo trial
The Maloja Regional Court has acquitted all defendants in the trial over the rockfall at Piz Cengalo on 23 August 2017, according to reports. Eight people died in the disaster. The court concluded that none of the defendants was guilty of multiple counts of negligent manslaughter.
The central question of the proceedings was: was the rockfall foreseeable or not? The court answered this in the negative for all five defendants.
Clear acquittal for Giacometti and municipal employee
FDP National Councillor Anna Giacometti, who was mayor of Bregaglia at the time of the disaster, received a clear acquittal. The same applies to the municipal employee who served as a liaison between experts and the municipality.
"Giacometti did not possess the appropriate expertise to assess the danger situation," the judge explained. Furthermore, the court criticised the charge sheet: Giacometti had been accused of a breach of duty in general terms without this being specified concretely. The same applied to the municipal employee.
Giacometti expressed relief: "I behaved correctly at the time." She described the nine-year proceedings as "sometimes very burdensome". At the same time, she emphasised: "However, I will never forget that eight people died in the rockfall."
The proceedings had also shown that questions of responsibility between municipalities and the canton remained unclear. "Municipalities are simply not in a position to foresee natural catastrophes and assess dangers," Giacometti said. The canton had specialists and the necessary resources and should support municipalities accordingly.
Cantonal employees acquitted in case of doubt
The verdict was less clear-cut for the two employees of the cantonal office for forests and natural hazards (AWN). The court established that they had to make assessments and were responsible for corresponding recommendations.
However, it was not proven that their risk assessment at the time had been wrong. They had assessed the situation on site, with a residual risk remaining in any such assessment. Based on the principle of "in case of doubt, for the accused", they were acquitted.
The court nonetheless expressed surprise that no binding emergency plan existed for Piz Cengalo, where rockfall events occur regularly.
AWN office head Urban Maissen told the news agency Keystone-SDA that he was relieved by the acquittal. "Nevertheless, our sympathies are with the bereaved." He initially declined to comment on the court's criticism: "We will study the court's reasoning."
External geologist also acquitted
The external geologist who was consulted was also acquitted. He had recommended to the canton on 10 August that the Val Bondasca be closed. The court held that it could not be held against him that he had not upheld this recommendation at a meeting on 14 August, since the AWN had conducted its own risk assessment on site at that time and he had based his position on that.
The victims' lawyer stated in writing to Keystone-SDA that it had always been the concern of the bereaved to fully investigate the disaster. "This investigation has taken place." What was now crucial was that lessons be drawn from it.
The prosecutor, who had requested conditional fines for all five defendants, said he was "not surprised". He left open whether he would appeal the verdict.
Source: Google News CH — Crime (de)