According to STA and Siol, today in Kranj a pre-trial hearing took place for climbing instructor and alpinist Andrej Pikon from Bohinj, who is charged with the criminal offense of causing general endangerment. The prosecution accuses him of improperly constructing the Ožarjeni kamen via ferrata, on which a foreign climber died in July 2021 due to rockfall. Pikon denies the charges.
On July 4, 2021, a rock detachment occurred on the protected climbing path on the slope of the eastern pillar of Pršivec hill. One of the rocks struck the foreign climber, causing such lacerations on her leg that she bled out at the scene.
After this tragic incident, the via ferrata was closed. The Alpine Association of Slovenia stated at the time that the via ferrata, which was not registered with the association, runs through very crumbly terrain and is therefore very dangerous for users. “The via ferrata is not properly equipped and lacks appropriate permits and consents,” they emphasized.
The tragic accident was also investigated by the police, landing the Bohinj climbing instructor in the dock. The prosecution charges that in 2017 he constructed the said via ferrata contrary to established standards in a crumbly area with rockfall risk. Pikon allegedly did not act with due care, as he did not choose a route minimizing rockfall danger, nor installed adequate protection.
As dangerous as others in this area
Pikon denied the indictment's claims. His defense lawyer Anka Kozamernik proposed numerous pieces of evidence to clarify circumstances and prove the defendant's innocence. The prosecutor agreed to conducting the proposed evidence.
Pikon engaged court expert in geology and environmental protection Marta Svetina Veder to assess the via ferrata's erosion safety. Her expert opinion is considered by the defense the most thorough and professional evidence. “It evidently concludes that this via ferrata, whoever constructed it or set the route, is just as dangerous or safe as other via ferratas in this area,” Kozamernik summarized the expert's view.
She also filed a written opinion on the Ožarjeni kamen via ferrata by mountain guide Mitja Šorn. “It also emerges from this opinion that the via ferrata is not excessively crumbly and is comparable to other paths in our mountains and modern via ferratas,” the defense lawyer highlighted.
She added that Šorn's opinion also indicates the only proper approach to the via ferrata is climbers with a guide ensuring their own safety by climbing per recommendations and with groups appropriately sized for the route. Rockfall risks in mountains cannot be avoided but can be reduced with suitably large groups and appropriate climbing times.
At the critical moment, at least three groups of Czech climbers were allegedly on the via ferrata simultaneously. Moreover, it was raining then and had rained two days prior. “Conditions were unsuitable for climbing. Wet terrain and large numbers of people inevitably cause terrain loosening and rockfall,” emphasized defense lawyer Anka Kozamernik. She filed an email from Tadej Debevc, president of the technical commission of the Association of Mountain Guides of Slovenia, stressing that any route or path can be suitable for guiding, depending on weather and terrain conditions, guide qualifications, and guests' number and experience.
The defense lawyer proposed examining several witnesses, including Czech climbing group members who could state the group leader and condition assessment. Witnesses will include mountain rescuers and Alpine Association of Slovenia general secretary Damjan Omerzu. Per Judge Nina Prosen's estimates, the trial will likely commence in 2026.
From the presented, we (all) can see how completely unregulated the area of responsibility in the mountains is...
Source:
https://gore-ljudje.net/novosti/obravnava-na-sodiscu-zaradi-smrti-plezalke-na-bohinjski-ferati/