Two construction workers, initially accused of negligently causing a massive fire at the Bernapark site in Deisswil in July 2019, have been acquitted by a Bernese regional court. The blaze, which caused millions in damages and visible smoke plumes across the region, originated during roof sealing work involving open flames.
Key Takeaways
- Two construction workers faced charges for the 2019 Bernapark fire.
- The court acquitted both the project manager and foreman.
- The general contractor specified the use of bitumen sheets, not the construction workers.
- Alternative, flameless sealing methods were available but not chosen by the general contractor.
- The fire caused millions in damages and delayed the project for months.
The Devastating Bernapark Blaze
On July 18, 2019, a significant fire erupted at the former cardboard factory site in Deisswil, now known as Bernapark. Dark smoke clouds rose high into the sky, visible from a considerable distance. Emergency services worked for hours to control the flames.
No individuals suffered injuries during the incident. However, the financial damage amounted to millions of Swiss francs. The extensive fire also set back the entire development project by several months, according to investor Hans-Ulrich Müller at the time.
Fire Fact
The Bernapark fire in 2019 caused damages estimated to be in the millions of Swiss francs and delayed the construction project by several months.
Court Proceedings and Accusations
The legal proceedings surrounding the fire recently concluded. A project manager and a foreman from a Bernese construction company faced charges of negligent causation of a conflagration. The prosecution argued that open flames from a welding device used for sealing bitumen sheets on the wooden roof triggered the fire.
The project manager, a 37-year-old man, testified in court. He explained technical details calmly, but emotions surfaced when discussing the day of the fire. He described being in a state of shock following the incident. Although he remains with the same construction company, he voluntarily stepped down from his project manager role due to the emotional toll of the events.
"I was in a shock state," the project manager stated during his testimony, reflecting on the day of the fire.
The Role of Bitumen Sheets
A central point of contention in the trial was the choice of roofing material. The prosecution highlighted the significant fire risk associated with using open flames on a wooden roof structure. They suggested that safer, flameless alternatives, such as plastic sheets, were available and recommended by experts.
Background on Bernapark
The Bernapark site, once a cardboard factory, is now a mixed-use development. It features approximately 200 apartments and commercial spaces. Parts of the original factory buildings have been repurposed, including serving as classrooms for a design school.
The prosecutor, Gregor Bürki, argued that the fire could have been prevented with near certainty if a flameless method had been chosen. He also suggested that workers should have been more careful in sealing gaps in the roof, where wood shavings might have fueled the flames.
The prosecution sought conditional monetary penalties for both men: 70 daily rates of 130 Swiss francs for the project manager and 40 daily rates of 120 Swiss francs for the foreman, each with a two-year probationary period.
The Defense and Acquittal
Defense attorney Alexia Sidiropoulos argued for a full acquittal for both construction workers. She emphasized that the decision to use bitumen sheets was not made by the accused. The roofing company had proposed an alternative method involving plastic sheets, but the general contractor, who held overall responsibility for the construction site, rejected this option.
The court ultimately sided with the defense. The presiding judge acknowledged that the workers' actions caused the fire. However, she found that they had not violated their duty of care. Email correspondence and contracts presented as evidence showed that the general contractor had specified the use of bitumen sheets.
- The general contractor mandated the use of bitumen sheets.
- The roofing company had proposed safer plastic sheets.
- Wood shavings in roof gaps were the responsibility of the carpenters, not the roofers.
Furthermore, the judge determined that the removal of wood shavings from gaps in the roof structure was the responsibility of the carpenters, not the roofers. Based on these findings, the court fully acquitted both construction workers. The verdict is not yet legally binding and can be appealed to the higher court.
Long-Term Impact on the Site
Despite the fire and subsequent delays, the Bernapark project has moved forward. Today, the site successfully integrates residential and commercial units, demonstrating resilience in the face of unforeseen challenges. The incident serves as a reminder of the complex responsibilities involved in large-scale construction projects.