The Evry court on Wednesday found SNCF guilty of manslaughter and involuntary injury, nine years after the derailment of a train at Brétigny-sur-Orge station (Essonne), which killed seven people and claimed more than 400 victims. psychological and/or physical injuries.
On the other hand, he released the two other defendants: a former railway executive, who had carried out the last surveillance round before the tragedy, and the manager of the SNCF Réseau tracks (ex-Réseau Ferré de France).
The only natural person judged, Laurent Waton, “proximity manager” Aged 24 at the time of the events, he was being prosecuted for having decided to carry out the last monitoring tour of the switch and crossing in question alone, which could have made him less vigilant. His release, after “very long debates, sincere, serious, technical” is “a great relief”, reacted his lawyer Philippe Valent. The board of SNCF Réseau, Antonin Lévy, did not wish to react.
“We are moderately satisfied”reacted to AFP Thierry Gomes, president of the association Mutual aid and defense of the victims of the Brétigny disaster (EDVCB). “We are disappointed with the release of SNCF Réseau, which also has a share of the responsibility”added Mr Gomes, who lost his parents in the accident.
The National Society of French Railways (SNCF) had disputed throughout the trial the fifteen alleged faults. The court retained two of them, and condemned it to a fine of 300,000 euros, heavier than the 225,000 incurred, the court emphasizing the state of legal recidivism in matters of manslaughter (the public company having already been convicted 13 times).
The president pointed to a “fatal conjunction of negligence”, “lack of supervision” of the switch and crossing in question, “doubled by a failure of control” that led to the accident, in a context of “trivialization of urgency”.
The eight weeks of trial revolved around very technical debates to determine whether the cause of the derailment of the train was foreseeable, in which case the SNCF, criminal heiress of SNCF Infra, would have failed in its maintenance mission, or if it could not. anticipate as the company maintains, which attributed the accident to an undetectable defect in the steel.
For SNCF counsel, Emmanuel Marsigny, “no scientific truth emerges from the judgment”. The lawyer indicated that the SNCF would study the decision before deciding on a possible appeal, underlining “how the company sympathizes with the suffering of the victims”.
“Fatal negligence conjunction”
On July 12, 2013, the pivoting of a splint, a sort of large staple joining two rails, caused the derailment of the Intercités Paris-Limoges, in Brétigny, south of Paris.
This pivoting is, according to the court, the consequence of the evolution of a crack, detected as early as 2008, in one of the cores of the track apparatus in question, but poorly monitored for five years.
This damage should have been monitored annually by the SNCF. “This negligence of heart monitoring is definitely linked to the derailment”said the president.
If the SNCF had carried out these control visits correctly, it would have “noted the damaged condition” of the heart “and changed it”continues the President, stating “a conjunction of fatal negligence”.
The magistrate acknowledged that the derailment had “undeniably affects the SNCF and its agents, in the heart of the greatness and the public service mission which is theirs: to ensure rail transport in complete safety”.
She highlighted the various “human and financial resources” put in place by the SNCF “to bring assistance and support to the victims of the disaster”.
SNCF, which achieved a turnover of nearly 35 billion euros in 2021, indicated that it had already paid more than 11 million euros in compensation. On Wednesday, the court also asked him to compensate the victims for the prejudice of imminent death anxiety (40,000 euros) and for the prejudice of waiting and worrying relatives (10,000 euros).