The president of the Tondela association, in which 11 people died, was acquitted by the court

The Coimbra Court of Appeal acquitted the president of the Vila Nova da Rainha Association of all crimes for which he was convicted in the first instance, sentencing him to five years’ suspended imprisonment.

In a ruling accessed by the Lusa agency on the 6th, the Court of Appeal of Coimbra acquitted Jorge Díaz of 11 crimes of negligent homicide, as well as of the crime of causing grievous physical harm caused by negligence.

It also satisfied the defendant’s claim for civil compensation for the deceased victim’s son and a claim for compensation withheld by the Social Security Institute.

In September 2023, the president of the Cultural, Recreational and Humanitarian Association of Vila Nova da Rainha in the municipality of Tondela was convicted by the Viseu court in connection with a fire that occurred at the headquarters of this collective on 13 January. 2018.

The fire killed eight people and injured 38 others, with the death toll rising to 11 in the following days.

At the time, the Viseu court ordered one year’s imprisonment for each of the 11 dead victims and nine months for the offense of negligently causing serious bodily injury, sentencing him to the maximum statutory prison term of five years, suspended while he is executed. for the same period.

In a ruling of the 6th, the Court of Appeal of Coimbra emphasizes that the management of the Association of Vila Nova da Rainha has not taken steps to obtain the appropriate license for the work carried out over time in the community building.

It also highlights the fact that he did not arrange for a license to use it, leaving the site open to the public and hosting the Swedish tournament.

“However, it cannot be concluded that legalizing the work could have prevented the fire and its consequences. It can always be said that the above-mentioned license will not be issued, the premises will have to be closed and, therefore, a fire will not occur.” however, all this is speculation.”

The building of the Vila Nova da Rainha Association has been open to the public “for several years”, as was known to the city council of Tondela, “without any opposition on its part”.

The 156-page ruling also states that given the rapid outbreak and progression of the fire, as well as the panicked exit of 60 people on the ground floor, “it cannot be argued that if the work had been legalized, people would not have crowded as much as before.” and there would be no deaths, especially from inhaling toxic gases.”

“Indeed, the consequences could not have been so dramatic. However, these are all assumptions,” the court said, also emphasizing that, in addition to the door to the outside, there was another side door that opened towards the evacuation.

Regarding deaths and damage to physical integrity as they occurred, the Coimbra report reiterates that in a given situation “it cannot be said that even if other means of evacuation were used, they would not occur.”

As to foreseeability, given the existing staircases and doors, “it cannot be said that in the event of a fire, the deaths and injuries that occurred were foreseeable to members of management, especially the defendant.”

This is a final decision and cannot be appealed to the Supreme Court.