The fire at Ferma Dacilor. The courts in Prahova and Bucharest are trying to get rid of a DNA request

The Bucharest Military Court decided on Wednesday, April 3, that it does not have the competence to resolve the request of the DNA regarding the reopening of the criminal investigation in relation to the way in which the representatives of the Inspectorate for Emergency Situations (ISU) Prahova carried out checks before the fire at Ferma Dacilor, following for the High Court of Cassation and Justice to settle this case.

The file, which has as its object “confirmation reopening criminal investigation”, was registered at the Prahova Court on December 29, 2023, three days after the fire at Ferma Dacilor resulted in eight deaths and two injuries.

However, the Prahova Court declined the jurisdiction to resolve this request in favor of the Bucharest Military Court.

After four court terms and a postponement of the ruling, the judges of the Bucharest Military Court decided on Wednesday that they also do not have the competence to solve this case.

“Based on art. 335 of the Criminal Code rap. to art. 37 paragraph 1 and to art. 44 paragraphs 4 and 5 of the Civil Code, admits the exception of incompetence according to the capacity of the Bucharest Military Court. According to art. 50 paragraph 1 C.pr.pen. declines the competence to resolve the request to reopen the criminal investigation ordered by ordinance no. 2850/C/2023 of 28.12.2023 of the prosecutor within the DNA, issued in the file. no. 64/P/2020 of the DNA – the Service for carrying out the criminal investigation in cases regarding corruption offenses committed by the military regarding the offenses of abuse of office, if the civil servant obtained an undue benefit for himself or for another; taking bribes and giving bribes, in favor of the Prahova Tribunal”, is the decision of the Military Tribunal.

Consequently, the Bucharest Military Court decided to send the file to the High Court of Cassation and Justice, in order to resolve the negative conflict of jurisdiction.

“According to art. 51 paragraphs 1 and 2 of the CPP, send the file to the High Court of Cassation and Justice – Criminal Section for the resolution of the negative conflict of competence. The decision is not subject to appeals”, it is stated in the solution published by the Military Court.

Initially, the respondents in this case were the former first deputy chief inspector of the Inspectorate for Emergency Situations (ISU) Prahova Dumitru Elisei and Cristina Chelba, former prevention inspector from the ISU Prahova, but later, according to the data on the court portal court, Adelina Ilie, administrator of Dacilor Farm, also appeared as a respondent in the file.

The former chief inspector from ISU Prahova Mihai Drăgan and his deputy Elisei Dumitru retired in 2021, after suspicions arose that they had overlooked irregularities discovered at several guesthouses and wineries in Prahova, including Ferma Dacilor.

Colonel Elisei Dumitru was targeted by a DNA file, classified in March 2023, due to lack of evidence.

The DNA investigated the possible direct and repeated involvement of Colonel Elisei Dumitru in the activity of his subordinates, in the sense that he would have requested them not to fine several economic agents from Prahova for fire safety violations.

In July 2019, inspectors from ISU Prahova carried out an inspection at the Ferma Dacilor guesthouse in the village of Tohani, the complex being managed, through intermediaries, by Cornel Dinicu, through the company Ferma Dacilor Production SRL.

Although the boarding house did not have a fire safety permit, the firefighters only gave a warning and would have received a protocol table instead.

The devastating fire that broke out on December 26 at Ferma Dacilor resulted in eight deaths, five adults and three children, as well as two injuries.