Casablanca factory fire trial delay means longer wait for victims' compensation

2008-05-16

The Casablanca Court of Appeals has once more decided to delay the Rosamor Ameublement factory fire trial until May 21st. Meanwhile, victims' advocates say procedural errors could reduce claimants' compensation.

By Hassan Benmehdi for Magharebia in Casablanca – 16/05/08

[Hassan Benmehdi] Plaintiffs, observers and a judge gather in Room 8 of Casablanca's Court of Appeals. Procedural irregularities could slow down the trial and the disbursement of compensation to victims' families.

As the Rosamor Ameublements trial continued Wednesday (May 14th) in the Casablanca Court of Appeals, lawyers representing the families of 56 workers killed in the April 26th mattress factory fire noted procedural irregularities which could compromise compensation claims.

In front of a large audience of Moroccan civilians who turned out to watch the court proceedings, Maître Said Benhmani told magistrates that written statements from the Judicial Police contain flagrant legal errors. "We were sorry to see that the names of those killed in this murderous fire do not appear in the report from the Judicial Police," he stated. This, according to the defence, is incomprehensible.

"The approach adopted by the Judicial Police has not followed the judicial procedures needed to determine responsibility and to compensate the claimants," Maître Benhmani informed the court.

Benhmani, who chairs the committee established May 2nd to seek compensation for the survivors and families of the victims, added, "We cannot stress strongly enough how important it is that all the names of those killed appear in the written statements from the Judicial Police so that their right to compensation can be guaranteed." Otherwise, he said, the chances of families receiving compensation could be reduced.

The head magistrate decided to delay the case until May 21st so that the court could hear from the claimants. According to the families’ team of lawyers, however, the one-week delay is nowhere near enough time for all the families to gather the administrative paperwork needed to submit their claims.

Anger is running high among victims' families and survivors of the Rosamor fire. Factory worker Ba'Mahmoudi, who escaped the blaze, said they are increasingly impatient to receive compensation.

"It's only natural, because the majority of those who died or were injured were the families’ main breadwinners," he explained.

Hajja M’barka is typical of many claimants. "I lost my daughter, who paid for everything needed by five people in my family. Since then, our financial situation has become untenable," she told Magharebia. Her family suffering is doubled, she said. First her daughter died in her prime and now her family risks financial ruin.

Families were pleased, however, to see the quick action taken by investigators after the tragedy. On April 29th – three days after the fire – multiple charges for manslaughter and criminal negligence were filed against Rosamor Ameublements factory owner Adil Moufarreh and his son Abdelali Moufarreh.

"The company managers are charged for the absence of the necessary conditions and equipment for protecting the lives of employees, involuntary killing and injury and failure to assist people in danger," the appeals court said in a statement.

A third person, Hicham Falah, is being prosecuted for causing the fire with a discarded cigarette butt. The Public Prosecutor also ordered a "parallel inquiry" to determine responsibility and legally-mandated punishment for violations of town planning laws and the Labour Code.