Comes to court Palm tree fall that killed a 20-year-old girl this August in the Raval. The trial court number 21 of Barcelona has opened a criminal case and preliminary proceedings investigation to clarify whether the accident could lead to legal responsibilities for the Catalan capital. In addition, he has authorized a request for an expert opinion requested by the victim’s family, who has already appeared as popular accusation.
“Criminal procedure It was initiated ex officio following a report from the Mossos d’Esquadra sent to the Duty Court & rdquor ;, tells EL PERIÓDICO Javier Benito, the firm’s lawyer Vosseler Lawyers representing the young woman’s family. This type of attestation and the subsequent initiation are a common action when an accident causes fatalities, expose the same sources.
This Monday, they confirm, the firm has received Confirmation of the court to your request for expert opinion done two weeks ago. The court formally requests Barcelona City Council to keep the biological remains of the fallen palm tree on Joaquín Costa street and that do not destroy it until further notice, so that an agronomist chosen by popular prosecution can examine the tree.
Water stress and slope
The objective of the survey is to check the state of health of this date palm, with samples taken at various points (trunk, cup…). Thus, the contracted specialist will determine if the cause of the sudden rupture of the trunk could be due to water stress, the main hypothesis of the consistory itself according to the initial assessment it made of the facts. Just because of this suspicion they have now begun to irrigate all the date palms in the city. “It will also conclude if the verticality of the trunk was insufficiently supervised”, that is, if the Parcs i Jardins brigade could have overlooked an excessive inclination in the visual review carried out in spring.
“Once we have the report we will present it as evidence within the framework of these preliminary proceedings & rdquor ;, indicates Vosseler Abogados. This phase of investigation is the one that determines if any crime could have been committed by action or omission, as well as if there was or not a person directly responsible for the accident.
As EL PERIÓDICO explained, the victim’s family placed themselves in the hands of lawyers in mid-August, hoping to clarify what caused the palm tree to fall that took Shamira’s fragile life and after several disagreements with the consistory. Although the relationship with the municipal government started off on the right foot, having financed the burial and sent CUESB personnel as psychological support, a week later it ran aground due to the abrupt emptying of the memorial altar and an unanswered request to install a memorial plaque in if you.
The precedent of the Ciutadella
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Three years ago, in August 2020, another palm tree of the same species fell on a couple in Barcelona’s Ciutadella park, killing a 41-year-old man. The consistory had to compensate his family with 103,000 euros, although the law provides for numerous conditions that can vary the amount imposed. Since 2020 Parcs i Jardins double checks the date palms, first with a periodic oscillation test that, if not passed, leads to a resistance test to check the health of the trunk. In case of doubt, the specimen is felled.
In Barcelona there are 250,000 trees, of which 12,000 are palm trees and, of these, 2,500 date palms like these two that caused fatalities. They stopped being planted in 2014. As a result of the accident, the town hall announced an “immediate review” of some 800 palm trees of this type in the city, a campaign from which the town hall plans to announce results this week. Public concern has increased a posteriori due to other dangerous falls of trees of other species, such as a large hackberry on the Sant Antoni superilla last Wednesday or part of a banana this Sunday on Passeig de Gràcia.