VERBANIA. The president of the Court of Verbania, Luigi Maria Montefusco, reassigned the proceedings on the Mottarone tragedy to gip Elena Ceriotti, “holder by table of the role” that had been hired by the president of the Gip office Donatella Banci Buonamici as alternate for the validation of the detention as the colleague was absent. The measure was signed today because on 31 May the exemption from the functions of Judge Ceriotti ended, and she returned to service.
Now the times for the evidentiary incident are longer
The time for the decision on the request for the evidentiary incident advanced by the defense is lengthening Gabriele Tadini, the head of the Mottarone cable car under house arrest for the accident on Sunday 24 May. In fact, as stated in the provision of the President of the Court of Verbania, Luigi Maria Montefusco, “the judge assigning the proceedings, should have been identified, in the absence or impediment of the titular investigating judge, gradually” among the other judges of the office, excluding the president Donatella Banci Buonamici.
Judge Banci, “the day after the detention, with a provision was assigned the file of colleague Elena Ceriotti, the owner to whom the proceedings have now been reassigned, exonerated to allow her to dispose of the backlog. But for Montefusco” such assignment, if justified for the validation of the detention, does not comply with the rules of distribution of business and the criteria for substitution “of the magistrates of the investigating magistrate office, we read in the document sent to the President of the Court of Appeal, Attorney General and the Judicial Council of Turin, as well as the Prosecutor’s Office and the Order of Lawyers of Verbania.
Legal, anomalous a new referee during the match
“It is an anomalous measure. It has never happened that during a match the referee is changed despite everyone recognizes that he did well”. The lawyer said so Pasquale Pantano, legal of Luigi Nerini, the owner of the Mottarone Railway and among the suspects for the accident in which 14 people died, commented on the provision with which the President of the Court of Verbania reassigned the procedure to a new investigating judge in ‘progress’, exempting Donatella Banci Buonamici, the judge who did not validate the three detentions and rejected the request for a precautionary measure for 2 people including his client.
Defense Tadini, never seen a similar measure
“We have never seen a measure of this kind. It is the first time that a judge in an ongoing proceeding has been replaced not for a valid impediment but for a table problem”. This was stated by the lawyer Marcello Perillo, defender of Gabriele Tadini, the head of the Mottarone cable car and the only one of the three arrested to be under house arrest, commenting on the provision with which the President of the Court of Verbania reassigned ‘in progress the proceedings against the investigating judge Elena Ceriotti, who was not on duty at the time of the detention, ‘exonerating’ the judge Donatella Banci Buonamici.
Pm Verbania: review by manager and director
The Public Prosecutor’s Office of Verbania asks the Review Court to cancel the provision with which the investigating magistrate Donatella Banci Buonamici last May 29 had rejected the request for a precautionary measure for Luigi Nerini, the owner of the Mottarone Railway, and for Enrico Perocchio, the ‘operating director engineer. The Public Prosecutor confirmed this to Ansa, Olimpia Bossi.