Prosecutors to appeal Swissair acquittal

Prosecutors Hanspeter Hirt (left) and Christian Weber were criticised for failing to make a strong enough case Keystone

Swiss prosecutors plan to lodge an appeal against a lower court verdict that cleared all 19 former Swissair managers of criminal malpractice.

The prosecution will decide on the extent of the appeal once it receives the written verdict, said federal prosecutor Christian Weber in a statement on Wednesday.

The decision to request canton Zurich’s higher court to review the judgment was announced a week after a Zurich district court acquitted all defendants accused of bringing down the airline and awarded them around SFr3 million (US$2.5 million) in compensation.

The presiding judge declared on June 7 there was no evidence the defendants knowingly acted to damage the company. The acquittal led to an outcry from union representatives, politicians and citizens, including former Swissair employees.

The prosecution has yet to decide whether it will stick to its initial demand of a six-month prison sentence for Mario Corti, the last chief executive of now-defunct parent SAirGroup, and a range of suspended sentences for 18 other airline executives, board members and consultants.

Denial

The defendants in Switzerland’s largest corporate trial had all denied charges that included damaging creditors, mismanagement, making false business statements and forging documents.

Some blamed the Belgian government, the big Swiss banks and the September 11 terrorist attacks for the airline’s downfall.

The grounding of Switzerland’s national airline on October 2, 2001, generated emotional turmoil in the country and left a bitter taste in the mouth of many shareholders and staff who lost money and jobs.

The detailed appeal has to be sent to the Upper Court of canton Zurich within 20 days from the day the written verdict is published. The higher court’s ruling could then be challenged before Switzerland’s supreme court by either side.

Lawyers said they expect the written ruling will be issued at the earliest by the end of August. The Zurich Upper Court said it assumed that the appeal would be reviewed before the middle of next year.

swissinfo with agencies

In brief

Swissair planes were grounded in October 2001, after the company had been in business for 71 years.

The downturn in the aviation market after the terrorist attacks of September 11, 2001, proved the last straw for the heavily indebted Swissair, which folded the following year.

The airline collapsed because it over-extended itself by buying stakes in numerous loss-making airlines, including Belgium’s Sabena and Poland’s Lot, in an attempt to form its own airline alliance.

The remains of Swissair and the regional carrier Crossair were brought together in 2002 to form the new national carrier Swiss, which was in turn taken over by Germany’s Lufthansa in 2005.