Martedì 22 Ottobre 2013, 17:14
03 Febbraio 2016, 03:48
(ANSA) - Rome, October 22 - Italy's supreme Court of
Cassation found, in a ruling filed Tuesday, that a missile was
the definite cause of a mysterious airplane crash more than
three decades ago near the Sicilian island of Ustica.
On June 27, 1980, an Itavia airlines DC9 commercial liner
plunged into the sea while flying from Bologna to Palermo,
killing 81 people in a disaster known in Italy as the Ustica
Massacre.
The court ruling mandates a new civil trial to assess the
responsibility of the Italian defense and transport ministries
in Itavia's bankruptcy.
The petition for the trial was made by Luisa Davanzali, the
heir to Aldo Davanzali, who owned Itavia.
The Italian high court ruling said that the hypothesis that
the plane was downed in 1980 by a "missile shot by an unknown
airplane" appears "by now consecrated" even "in case law".
The statement was making reference to a Court of Cassation
decision in January that gave final approval to 1.2 million
euros in compensation for three families who lost loved ones in
crash.
Italy's top court in January found that it was caused by a
missile fired in error at the passenger liner.
The top court ruling, which faulted civil and military
radar systems, was the first definitive sentence since criminal
proceedings were inconclusive.
The court said the State must pay damages to all 81
victims' families for failing to ensure the safety of the skies
- an order challenged in June by the state attorney general, who
said the ruling was not based on facts and called for a new
civil trial.
However, Italy's highest court on Tuesday found that
"cover-ups" in investigations into the Ustica plane disaster
must now be considered "definitively ascertained".
A middle appeals court had rejected Davanzali's request for
a civil trial seeking damages from the State, despite
acknowledging botched investigations.
The Cassation Court on Tuesday rejected the middle court
finding, saying that the court "errs" by excluding "the possible
effectiveness of cover-up activities" and its effect on the
airline's collapse.
The private commercial airline went bankrupt six months
after the plane disaster.
















