‘Unconscious’ Horvatinčić Acquitted of Guilt for the Death of Italian Spouses

Tomislav Horvatinčić was acquitted on Friday in a retrial at the Municipal Court in Šibenik of charges of causing a maritime accident in which Italian spouses died in August 2011 when his speedboat collided with their sailboat, as it was not proven that he committed the offense he was accused of either intentionally or negligently.

“After the repeated hearings and evaluation of all evidence presented in the proceedings, considering the defendant’s defense, the testimonies of all witnesses, and especially the results of the conducted expert examination, this court panel did not establish in a certain and unequivocal manner that a criminal offense had been committed as charged. Given this fact, the court issued an acquittal,” said the presiding judge Maja Šupe in the reasoning of the verdict.

>>> Prosecutor: Horvatinčić should report his alleged state of syncope to doctors

She explained that new evidence, witness examinations, and expert evaluations indicate that Horvatinčić did not commit the act intentionally, nor negligently. “This panel has taken the position that the act attributed to the defendant was not committed either intentionally, or, as the accusation suggests, with indirect intent, nor negligently. Therefore, the prosecution did not prove that the act was committed in the manner alleged in the indictment,” Šupe explained.

The court concluded that at the time of the accident, Horvatinčić was unconscious

She added that the lack of reactions at the moment of the accident confirms Horvatinčić’s defense that he was unconscious. “The court accepted that part of the defense that on that day the sea conditions were good for navigation, that there was no traffic density, that while moving in open water he reached a speed of about 26 knots, thus gliding with his vessel, that visibility was good and that he noticed the sailboat of the victims and that as an experienced, long-time sailor he did not question the fact that he would pass by the mentioned sailboat, and precisely the lack of his reaction, or the failure to undertake any maneuver in the final phase of passing at a distance of about 250 to 300 meters supports the fact that he was briefly unconscious,” the judge said.

She emphasized that such a conclusion was drawn after extensive medical and psychiatric evaluations and witness hearings and that Horvatinčić in the so-called state of syncope could not control his actions or his will because he was unconscious. “In the opinion of this court, this is the reason for the collision of the two vessels and the occurrence of serious consequences. Considering the results of the entire evidentiary procedure, it follows from all of the above that the prosecution did not prove that the act was committed in the manner charged against the defendant, therefore this court issued an acquittal for the defendant,” concluded Judge Šupe.

Horvatinčić claims he will arrange a meeting with the family of the deceased as soon as possible

After the acquittal, Horvatinčić stated that he told the family of the deceased Italians before today’s verdict that he would try to arrange a meeting as soon as possible. “I also carry the psychological and health scars of this great tragedy for the seventh year in a row. Once again, I express my condolences and regret to the family,” said Horvatinčić.

When asked if he was willing to pay compensation in case today’s verdict becomes final, Horvatinčić said that regardless of the outcome of the accident, he would already try to bring the family of the deceased to the table together with his lawyers and ‘try to alleviate the tragedy that occurred’.

When journalists pointed out that the son of the deceased said that Horvatinčić never offered him compensation, he left the word to his lawyers Branko Baica, Velimir Došen, and Veljko Miljević.

Baica stated that nothing is finished yet and that this is ‘the first half’. “The court has indeed made an exceptional effort to explain this entire case, almost seven years, and we have tried to prove our theses. I am glad that the court accepted that. Regarding the agreement on compensation, as representatives of the defendant, we contacted the family of the deceased. Those contacts still exist and we are open to that. The file contains letters that were sent and the responses we received,” said Horvatinčić’s lawyers.

He was acquitted by the same judge who previously convicted him

Judge Šupe was the president of the court panel that found Horvatinčić guilty in November 2015 and sentenced him to 20 months in prison, conditionally for three years. In that verdict, which was appealed by both the prosecution and the defense, it was emphasized that Horvatinčić recklessly operated the speedboat at a speed of 26.3 knots and cut across the path of the sailboat he collided with, breaking it, and the speedboat passed over it, throwing the Italian couple into the sea where both died due to injuries.

Due to a significant violation of the provisions of the legal procedure, the appellate court overturned that verdict and returned the case to Šibenik, with a proposal that Horvatinčić’s ability to reason at the time of the collision be deepened and verified, which marked the repeated criminal proceedings in the Šibenik courtroom that concluded today, six years after the accident.

The family of the deceased Italians did not attend the pronouncement of the verdict.