Operaio morto in cantiere a Bologna, 4 condanne

Roma, 22 dicembre 2021 – Lefter Sulaj aveva 51 anni quando la mattina del 13 luglio del 2016 è uscito di casa e ha salutato per l’ultima volta la moglie e le tre figlie prima di andare al lavoro in cantiere. Sono trascorsi cinque anni e mezzo e tre richieste di archiviazione respinte, prima di poter mettere il punto sulla morte del manovale albanese, precipitato per venti metri, dopo aver sfondato un lucernaio, fin dentro la chiesa sconsacrata di Santa Dorotea, in via Irnerio.
Quattro erano gli imputati, accusati di omicidio colposo in cooperazione e quattro sono state le condanne, a 9 mesi, con la sospensione della pena condizionata al pagamento di una provvisionale, per la vedova, costituita parte civile con l’avvocato Gabriele Bordoni, di 100mila euro.
Nel processo erano imputati il datore di lavoro di Sulaj, Franco Pilato; l’appaltatore Luigi Samuele Talarico; il committente e proprietario dell’immobile Raniero Salvatori; e il direttore del cantiere Antonio Nisticò.
Erano accusati di aver causato la morte dell’operaio, “per colpa consistita in negligenza, imprudenza, imperizia e violazione delle norme antinfortunistiche”, si legge nel capo di imputazione e tutti avevano scelto il rito abbreviato. Ieri, il pm Michela Guidi, terza a occuparsi di questa morte sul lavoro, dopo i colleghi Roberto Ceroni e Giampiero Nascimbeni, aveva chiesto l’assoluzione per gli imputati. Ma il giudice li ha condannati tutti e ha disposto la provvisionale da 100mila euro per la vedova e 5mila euro anche per l’Anmil (Associazione nazionale mutilati e invalidi del lavoro) che si era costituita parte civile con l’avvocato Cesare Bulgheroni.
Il tragico incidente era accaduto nel tardo pomeriggio, quando Sulaj e i colleghi erano prossimi a finire il turno. L’operaio albanese, stando a quanto ricostruito in fase di indagine, era precipitato mentre stava andando da un’ala all’altra del cantiere, sfruttando un asse non fissato che fungeva da passerella.
L’asse si era mosso e  Sulaj era caduto fatalmente, sfondando il lucernaio e finendo, dopo un volo di venti metri, dietro l’altare di Santa Dorotea. La dinamica del tragico incidente era stata ricostruita nel corso di un incidente probatorio, che aveva concluso per due possibili dinamiche: la priva ipotizzava la presenza della passerella, che i testimoni hanno dichiarato essere stata utilizzata nel cantiere, in maniera impropria, almeno dal 20 aprile all’11 luglio; l’altra, che l’operaio avesse camminato sul tetto per raggiungere la finestra dell’altra ala e che lo stesso lucernaio non avesse retto al suo peso. “In entrambi i casi – ha dichiarato l’avvocato Bordoni – si ravvisavano responsabilità di datore di lavoro e titolari delle società. Per la mancata messa in sicurezza del passaggio tra i due stabili o per la mancata vigilanza affinché quella ‘scorciatoia’ precaria non venisse più usata; e per l’assenza completa di protezioni in relazione al lucernaio.
Abbiamo impiegato più di cinque anni – conclude Bordoni – per arrivare a vedere la giustizia fare il suo corso. Siamo lieti di aver fatto il nostro dovere, stabilendo la verità su questa triste vicenda. Per la vedova. Per le figlie di Sulaj”.

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