(ANSA) – MILAN, MAY 20 – “Despite the omission for which she was responsible (consisting in not having ensured the supervision of the pupil outside the classroom, in not having entrusted him to the supervision of any other adult and allowing him to go to the bathroom alone, and without even having sought the accompaniment of a school assistant), the child was at a certain point equally taken care of by those who (the school assistant, ed) had an autonomous position of guarantee in bringing him back to safe and sound class “. And for this reason “the causal link between the initial negligent and omissive conduct” of the teacher and the death of the child cannot be considered to exist with certainty.
This can be read in the motivations of the fifth section of the Milan Court of Appeal, chaired by Antonio Nova, of the acquittal of the teacher accused of complicity in manslaughter of the 5 and a half year old child, who fell in the stairwell of his school, the Pirelli in Milan, in October 2019.
The trial in the first instance with an ordinary rite of another teacher, the support teacher, is still in progress. A third co-defendant, a janitor, had already chosen the plea bargain for two years in prison. According to the judges, the event “in its specificity and in the tragic development of its occurrence cannot be reproached to the accused as the situation of entrusting a collaborator, which the initially omitted conduct was supposed to guarantee, had nevertheless occurred”. And again we read that even if the teacher “had called the janitor right away and had entrusted the child to the adult in the immediacy of the child’s exit, there is no certain proof that something would have changed in this case with respect to the subsequent journey. (which turned out to be fatal), along which the little one, now lost sight of even by the school assistant, was returning to class “. (HANDLE).
Source: Ansa
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