We return to the starting point and the proceedings on the Mottarone massacre have to be redone. The Verbania magistrate Rosa Maria Fornelli returned the documents to the prosecutor’s office which did not modify the charge, contrary to what the judge herself requested. In this way the proceedings mark a temporary stopping point, that “regression of the proceedings” feared by the prosecutor Olimpia Bossi and the deputy prosecutor Laura Carrera. In the proceedings in which, among others, Gabriele Tadini, head of service of the Mottarone plant, Luigi Nerini sole director of the Ferrovie del Mottarone plant and Enrico Perocchio as director of operations of the plant and employee of Leitner for the cable car disaster in where 14 people died on May 23, 2021, the representatives of the public prosecution decided to stand firm on their charges.
For the prosecutor’s office, accepting the “suggestion” of the preliminary hearing judge would “necessarily lead to a reduction of the charge, with possible ‘vulnes’ of the principle of irretractability of the criminal action” and the modification to the charge, reducing the charge against the accused, would violate the principles of mandatory criminal prosecution and the reasonable duration of the trial. A thesis not shared by the preliminary hearing judge who today reiterates the need to modify the charge and that returning the documents necessarily implies a ‘slowdown’ in the definition of the proceedings on the Mottarone tragedy.
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