Genoa – The hearing in Cassation on the recusal by the judge of the preliminary hearing in Genoa advanced by some defendants in the trial on the collapse of the Morandi bridge (14 August 2018, 43 victims). The Ermellini could decide as early as tomorrow. To ask the gup Paola Faggioni to step aside were the lawyers of eight defendants, including the former CEO of Aspi Giovanni Castellucci. In their opinion, the principle of impartiality would have been violated given that the magistrate had already expressed an opinion on the collapse of Morandi in a related proceeding, the one on dangerous noise barriers, which sees the same eight people investigated, a proceeding in which he had asked for restrictive measures.
The appeals court had rejected the request arguing that the considerations on the collapse had been “generic” and the lawyers had challenged it by appealing to the Supreme Court. If the judges were to accept the request of the lawyers, the court of appeal will have to set a new hearing to indicate a new judge or to reject once again. In the latter case, then, the lawyers could still appeal before the Supreme Court.
Meanwhile the preliminary hearing was postponed to January 28th pending the decision. The defendants’ lawyers had accepted the suspension of the statute of limitations. The first prescriptions for the 59 defendants, in addition to the two companies Aspi and Spea (which took care of the maintenance), will start in October 2023 for the omission of official documents, while the forgeries will be prescribed starting from June 2024. According to the ‘accusation, the then leaders of Autostrade postponed maintenance to spend less and guarantee greater dividends. Also involved were the former managers and technicians of Spea, the company that took care of maintenance and the managers of the Ministry of Infrastructures and the Provveditorato who did not control the concessionaires.
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