It will not be the investigating judge of Verbania Donatella Banci Buonamici, who released the three suspects for the tragedy of Mottarone cable car in which 14 people died on 23 May, having to decide on the probative incident requested by the defense of Gabriele Tadini, the head of the cable car service now under house arrest, but the judge Elena Ceriotti, “tenant for role table”. He decided it the president of the court of Verbania, Luigi Montefusco.
Shortly afterwards, the Public Prosecutor’s Office of Verbania asked the Review Court to cancel the provision with which the investigating judge Banci Buonamici last May 29 had rejected the request for a precautionary measure for Luigi Nerini, the owner of the “Ferrovia del Mottarone” which manages the cable car of the massacre, and for Enrico Perocchio, the chief operating engineer. This was confirmed on Prosecutor of the Republic Olimpia Bossi.
The investigating judge of Verbania on the massacre of the cable car: “Thank you that the system is guaranteed, there were no elements to keep them in prison”
by Federica Cravero
01 June 2021
The investigating judge Banci Buonamici, in his role as “substitute” has rightly decided, the president of the court, on the detentions of the three suspects for multiple manslaughter, but he cannot decide on the probative incident “noted – reads the note from the president of the court of Verbania – that on 31 May 2021 the exemption from the functions of investigating magistrate of Elena Ceriotti, holder of the role by table, ceased”. Therefore, on the request for a probative accident on the cable and on the braking system of the cabin, presented on 3 June last by thelawyer Marcello Perillo, Tadini’s defender, the investigating judge Ceriotti must express himself.
Cableway fall, the Verbania prosecutor’s office against the evidentiary incident: prejudices the investigations
by our correspondent Federica Cravero
07 June 2021
The provision is part of the diversity of opinion emerged between the chief prosecutor Olimpia Bossi and the investigating magistrate Donatella Banci Buonamici, president of the coordinating section of the penal area but at the disposal of the investigating magistrate to make up for the “serious situation of suffering of the Ceriotti office”. Under the lens of the president of the court, it ended precisely the decision of Banci Buonamici to assign the file to itself on the Mottarone cable car accident that was to be assigned to judge Annalisa Palomba “engaged in a trial hearing”, as emerges in a document signed by Banci Buonamici.
Mottarone cable car, threats to the Verbania investigating judge who released the three suspects after the massacre
03 June 2021
If the validation hearing is not up for discussion, the president of the court reminds that the alternate investigating judge “must not, for a fair and consistent distribution of work, to assume, up to the definition of the procedure, business per table not due to him “. Once the titular judge has returned, everything is now in the hands of Elena Ceriotti: she will decide on the probative incident and on any other issues. The exemption provision, at the request of the president of the court of Verbania, is sent to the interested parties and “for the assessments of competence to the judicial council at the Turin Court of Appeal“, as well as al President of the Court of Appeal and al general Attorney always from Turin.
Mottarone massacre, investigations blocked pending the new suspects: and in the meantime the wreck of the cabin risks deteriorating
by our correspondent Federica Cravero
06 June 2021
Already on a war footing the defense lawyers: “It is a anomalous measure. It never happened that the referee is changed during a match although everyone admits he did well. “The lawyer said so Pasquale Pantano, lawyer of Luigi Nerini. Adds Marcello Perillo, defender of Gabriele Tadini, the only one of the three arrested to be under house arrest: “We have never seen a
such a measure. It is the first time that a judge of an ongoing proceeding has been replaced not for a valid impediment but for a table problem “.
“Singular”. This is how the provision is defined by Alberto De Sanctis, president of the Criminal Chamber of western Piedmont. “Never – he observes – a file during the investigation phase is reassigned to another investigating judge, except in cases of impossibility to perform the functions (for example: maternity or transfer to another office). It is doubly singular that it happens in a small court in which the the real problem should be to avoid the incompatibility between the investigating judge and the examining magistrate. Do not ‘burn’ two investigating magistrates because you would have problems finding the third one to celebrate the preliminary hearing. even more incredible that this happens urgently, so in fact from prevent the original investigating judge from deciding on a request for evidence formulated by the defense “.
According to De Sanctis “these inexplicable decisions risk undermining the credibility of the judiciary as perceived by the citizens and we really did not need them at this historical moment. I hope – it is the conclusion – that someone within the judiciary and the ANM will notice it so as to protect the independence and impartiality of the judge “.