The sentence handed down to Castellucci is harsh, but it is not a repeat of the Moretti case

The first-instance verdict on the collapse of the Morandi Bridge in Genoa comes eight years after the disaster, prompting yet another reflection on the pace of justice, and consists of a series of convictions for directors and engineers at Autostrade per l’Italia. This time, unlike in other cases – such as the controversial conviction of the former chief executive of Ferrovie, Mauro Moretti – there was no reckless application of the concept of ‘strict liability’. In this instance, warnings had been issued regarding the need for regular checks on the structure’s stability; these warnings were systematically ignored, and this is a factor that cannot be overlooked. In short, there is no point in speaking in general terms of a search for scapegoats. That said, of course, we will need to examine the grounds for the judgement to see how the specific cause of the catastrophic collapse was identified, whether the omitted inspections could have prevented it, and what the degree of personal liability is for each of the defendants convicted yesterday.

All these issues will be re-examined at subsequent levels of the judicial process, which will hopefully take place within a reasonable timeframe. The role of the justice system is not to satisfy the understandable desire for retribution felt by the victims’ relatives and by a city so deeply wounded, but to establish and punish personal liability. This time, there are grounds to believe that the court’s decision has adhered to this principle, pending any clarifications that may emerge in the subsequent stages of the proceedings. The responsibility of a company’s directors is not merely to ensure the accounts balance, but also to monitor the safety of its facilities, especially when specific warnings have been raised. This is a subjective responsibility, for which it is right to be held accountable, not a generic ‘objective’ responsibility, the very nature of which is unclear, at least within the framework of the rule of law.