The Supreme Court ruling

Viareggio massacre, Moretti responsible but postponement to the Appeal for quantification of sentence

Vicenzo Soprano's appeal dismissed, the former CEO of Trenitalia

by Ivan Cimmarusti

Famigliari delle vittime con le associazioni espongono foto e striscioni durante l'udienza alla Corte Suprema di Cassazione per la sentenza della Cassazione-Bis sulla strage ferroviaria di Viareggio, Roma, 15 gennaio 2024. ANSA/ANGELO CARCONI

3' min read

3' min read

The Court of Cassation confirmed the sentences for the Viareggio railway massacre on 29 June 2009 that caused 32 deaths. However, for the quantification of the years of imprisonment, the Court of Appeal of Florence has been ordered to refer the case to the Court of Appeal of Florence for a ter trial also against former Rfi CEO Mauro Moretti. General extenuating circumstances will have to be assessed. The appeal of Vicenzo Soprano, the former Trenitalia CEO, was rejected.

According to Moretti's lawyer, Ambra Giovene, 'there is a lack of any evidence of Moretti's responsibility both as managing director of Rfi and FS. With reference to the first role, in fact, there is evidence to the contrary. He had signed a prescription to track foreign railway wagons circulating in Italy. A prescription that was forgotten in the trial. As for his role as managing director of FS, he is accused of having imposed not to track wagons as required by a European regulation that imposed the free movement of wagons in the European Union,' he adds. 'What Moretti is accused of is having imposed what was already required by law. He adds that 'the recalculation of the sentence avoids the risk of arrest for Moretti. He certainly does not risk prison: the reduction of the sentence that could be imposed on Florence will bring it down, it will no longer be five years'.

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On 4 December, the Deputy Attorney General and Advocate General of the Supreme Court of Cassation Pietro Molino and Pasquale Fimiani asked for all convictions in the bis appeal trial to be confirmed, urging the rejection of all 18 appeals lodged against the 2022 verdict of the Florence Court of Appeal.

The Appeal Process Bis

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In the appeal bis trial ordered in 2021 by the Court of Cassation, 13 convictions were handed down for the Viareggio train disaster (civilly liable Trenitalia, FS, Rfi and Cima Riparazioni).

These include the conviction of the former managing director of FS and Rfi Mauro Moretti to five years imprisonment on charges of railway disaster, fire and injuries, with the statute of limitations instead being waived for the crime of manslaughter. The former CEO of FS and Rfi had also been charged with the offences of fire and culpable injury by virtue of the fact that he did not waive the statute of limitations.

At the appeal bis trial, the Florentine judges, for the sole crime of railway disaster, had redetermined the sentences and sentenced Vincenzo Soprano, former managing director of Trenitalia, and Michele Mario Elia, former managing director of Rfi, to 4 years and 2 months; Mario Paolo Pizzadini, manager of Cima Riparazioni, to 2 years and 10 months; Daniele Gobbi Frattini, technical manager of Cima Riparazioni, to 2 years and 10 months; Mario Castaldo, former division manager of Cargo Chemical, to 4 years. Convictions in the bis appeal also came for managers and technicians of Austrian and German railway companies involved in the control and maintenance of freight wagons: Uwe Kriebel, Junghental workshop worker in charge of controls, 4 years and 5 months; Helmut Broedel, executive officer of Junghental workshop in Hannover, 4 years and 5 months; Andreas Schroeter, Junghental technician, 4 years and 8 months; Peter Linowski, managing director of Gatx Rail Germany, 6 years; Rainer Kogelheide, managing director of Gatx Rail Austria, 6 years; Roman Meyer, wagon fleet manager of Gatx Austria, 5 years, 6 months and 20 days; Johannes Mansbart, manager Gatx Rail Austria, 5 years and 4 months.

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  • Ivan Cimmarustigiornalista

    Luogo: Roma

    Lingue parlate: Italiano, inglese

    Argomenti: Sicurezza, giudiziaria, inchieste, giustizia tributaria

    Premi: Nel 2011 tra i vincitori del Premio Internazionale Antimafia Livatino-Saetta

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