Croatian millionaire businessman Tomislav Horvatincic was found guilty and sentenced to 4 years and 10 months in prison, pending appeal, for causing a maritime accident in 2011 which resulted in the deaths of two Italian nationals.
After eight years and two overturned verdicts, a court in the coastal city of Sibenik found Horvatincic guilty for causing a maritime accident in August 2011, in which an Italian couple, Francesco and Marinella Salpietro, were killed.
The incident occurred near the Croatian coastal town of Primosten, when Horvatincic crashed his speedboat into the Salpietros’ sailing boat at the speed of 26 knots (approximately 50 km/h), killing the couple.
The first ruling, in which Horvatincic was sentenced to 20 months in prison and 3 years probation, was annulled in November 2016 after an appeal, and the new proceedings began in February 2017.
The second ruling acquitted him of the charges, but that decision was once again overturned in May last year, with the court citing significant violations in the penal code, in particular the acceptance of syncope – a sudden, temporary loss of consciousness – as the reason for the acquittal. It was decided that a new judge would preside over the case.
The judges had said then that the only basis for the conclusion that Horvatincic suffered from syncope was Horvatincic’s defence and the testimony of his partner, Anica Djerdja, who was with him when the accident happened.
In an earlier statement, Horvatincic had blamed the speedboat’s control system failure for the accident.
Explaining the latest verdict on Wednesday, the judge said that syncope could be neither definitively confirmed or counted out, but also that Horvatincic did not mention any loss of consciousness when he underwent a medical examination two days after the accident had occurred.
“The sketch of the accident indicates he did not lose consciousness immediately before the crash. That means he was in full control of his faculties,” the judge said, adding Horvatincic failed to see the Salpietros’ sailing boat because he was not paying attention.
Horvatincic, who was not present in the courtroom on Wednesday, also must pay the legal fees of about 190,000 kuna (€25,600).
At the final hearing last week, the prosecution demanded Horvatincic be found guilty and sentenced to 3-12 years in prison, saying he had a history of violating traffic laws, and that he did nothing to prevent the accident which killed the Salpietro couple.
In 1980, Horvatincic hit two women with his car, killing one and injuring the other. He fled the scene of the accident, claiming he was trying to escape someone who had threatened him. He was sentenced to six months probation, but his licence was not revoked. Again in 1989, he hit and killed another woman while speeding. He never answered for causing that accident, and in 2009, he crashed into another car in an intersection, this time without fatalities – the four-member family in the car were lightly injured.
The latest verdict is not final and may be appealed within 15 days. Horvatincic’s attorney, Veljko Miljevic, announced today he would appeal the decision, saying he doubted the ruling would be upheld.
(€1 = 7.40 kuna)
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