The trial of the two defendants in the case of a tree falling on Monte during the feast of the patron saint of Madeira, which killed 13 people and injured dozens, is due to begin this Wednesday in Funchal.
In the dock at the Central Court of the District of Madeira in Funchal will be the former vice-president of the Chamber of Funchal, Idalina Perestrelo, and the responsible for the municipal gardens, Francisco Andrade, accused of this practice in the author’s material of 13 negligent homicides.
They will also answer for 24 crimes against physical integrity through negligence.
The case goes to trial after the nominal judge who will preside over the panel, Joana Diaz, decided to separate the criminal proceedings from the civil compensation case to avoid the statute of limitations problem.
August 15, 2017, during the religious ceremonies in honor of the Assumption of the Blessed Virgin Mary, a holiday also known as the Day of Nossa Señora do Monte, the patroness of Madeira, on one of the most popular holidays (folk festival) of the archipelago, to the crowd waiting for the passage of the procession , a large tree fell, an oak about 150 years old.
The oak had a height of 29.8 meters and a total weight of 10.4 tons, according to the text of the indictment.
As a result of this fall, 13 people died (two of whom were foreigners, citizens of France and Hungary) and about fifty people were injured.
This situation led to a lawsuit in which the then vice president of Funchal, Idalina Perestrelo, in charge of the areas of urban environment, green and public spaces, and the head of the department of gardens and green spaces, Francisco Andrade.
The learning phase of this process began on October 4, 2019 behind closed doors, however it was put on hold due to the covid-19 pandemic.
During the investigation phase, the then mayor of Funchal, Paulo Cafofo, elected by the Confiança coalition (PS, (PND, MPT, PTP and PAN), was presented as arguido, but the public ministry ultimately did not blame him, preferring filings because the mayor delegated the powers of these spaces to other team members.
The decision was challenged by some of the helpers in the process.