(ANSA) - FLORENCE, 21 SEPT - The former CEO of Rfi and Fs, MauroMoretti, and Michele Mario Elia, head of the Technical Department and then to Rfi, were not to blame for the failure to reduce the speed of the freight train that on 29 June 2009 derailed in Viareggio ( Lucca) causing 32 deaths, numerous injuries and material damage.
Thus the appeal court of Florence in the bis sentence of 30 June concurred with convictions for disaster, injuries and fire of Moretti to 5 years and of Elia to 4 years 2 months 20 days.
The "safety value" of a certain transit speed in the station is not proven, it is explained, "this profile of guilt must therefore be excluded for the accused".
The freight train was running at about 90 km / h and in the processes it emerged, from the parties, the argument that RFI should have imposed a reduced speed, according to some at 60 km / h, at the station.
But the judges affirm that "it is not proven that the safety value of a certain measure of the speed of crossing a station having the characteristics of that of Viareggio by a convoy with the characteristics of the diverted one was acquired in scientific and experiential knowledge".
"An eventual preliminary integration" in the trial, on speed as requested by particular civilians, "would prove superfluous - writes the Court - not being able to reach a different outcome from that which has already emerged".
With regard to Elia, the Court ruled out the guilt for "employer" obligations, "assessment of occupational risks", "non-existent with respect to the crime of culpable railway disaster", "which occurred outside the scope of the failure to assess the assessment risk by of the employer ".
The sentence came after referral by the Supreme Court to a new appeal to redefine the sentences with respect to the prescription of the charge of manslaughter, a crime whose time limit was lowered after the cancellation of the aggravating circumstance of the accident at work that burdened him.
LaCorte in June also sentenced managers of German companies that rented wagons to Italy, and, among the Italians, Mario Castaldo, director of Trenitalia Cargo, to 4 years,
but he also made solutions for other managers including Emilio Maestrini (Trenitalia) and Francesco Favo (Rfi).
(HANDLE).
