In the Zolitūde tragedy criminal case, the Senate has overturned the appealed judgement in the part regarding the conviction of Ivars Sergets, because certain circumstances were excluded from the indictment without justification. Whereas, in the part regarding the acquittal of Andris Gulbis, Staņislavs Kumpiņš, Mārtiņš Draudiņš and Jānis Balodis, the judgement was overturned due to insufficient argumentation regarding the rejection of evidence supporting the indictment. In the part concerning the other defendants, the judgement was left unchanged.

The Regional Court convicted Ivars Sergets of violating construction regulations and manslaughter. The Senate overturned the judgement in this part for two reasons.

First, the Regional Court had not substantiated why the violations committed during the construction process, when the defendant was performing his duties as a construction supervisor, were excluded from the indictment. Namely, the fact that the defendant did not prevent the use of inappropriate bolts and nuts in connecting the trusses and did not verify the bolt tensioning and the weld strenth was not assessed.

Secondly, the Regional Court did not substantiate why the consequences caused by the violations of the building regulations did not also include the threat to the life and health of the rescuers. The Regional Court must have assessed whether the violation of the building regulations caused the need to carry out rescue work, and only then it should have made conclusions about the causal relationship.

When determining the sentence for the defendant Ivars Sergets, the Regional Court did not assess the nature of the criminal offences committed and the damage caused, as well as did not observe the purpose of the sentence set out in the law. The Regional Court did not take into account that criminal offences have a special nature of harmfulness, and therefore an appropriate sentence should have been imposed.

The Regional Court found Andris Gulbis, Staņislavs Kumpiņš, Mārtiņš Draudiņš and Jānis Balodis not guilty of the criminal offences they were charged with. The Senate overturned the judgment in this part, because the Regional Court must have taken into account the laws and regulations that determine the framework for the performance of the defendants’ professional duties. The Regional Court also had to substantiate why it rejected the evidence on which the indictment was based.

The Regional Court did not establish the existence of the criminal offence which other defendants were charged with. The Senate found that the grounds of the Regional Court in this part were well-reasoned and correct.

The Senate overturned the Regional Court's ruling in the part regarding compensation for the damage caused to the victims, the cancellation of the seizure of property, the termination of the criminal proceedings regarding the application of coercive measures to two legal entities, as well as the covering of procedural expenses in connection with the legal aid provided by the state.

The case was remitted for a new examination to the Riga Regional Court with regard to the annulled part.

Senate’s decision of December 19, 2024 in case No SKK-63/2024 (11511002713)

 

Ilze Butkus, Communication adviser of the Supreme Court

Telephone: +371 67020302; e-mail: ilze.butkus@at.gov.lv