Two complaints were filed with the Bordeaux prosecutor’s office after the detection of contamination by the bacterium Escherichia coli, largely linked to the consumption of Fraich’Up pizzas from the Buitoni brand. To date, there have been 75 cases of poisoning in several regions of France, the vast majority of children, two of whom have died. “Time is against us. There is a risk of the evidence withering away and, indeed, justice must go quickly“, declared Friday April 1 master Pierre Debuisson, who represents ten families of victims.
According to information from franceinfo, other complaints from parents will be filed in the coming hours. “Claims of involuntary injury and perhaps for parents who have lost children, complaints of manslaughter”, specifies the criminal lawyer, specialist in health law. Nestlé, which owns the Buitoni brand, assures that “[sa] only priority is to find the cause” of these infections.
franceinfo: How many families do you represent?
Pierre Debuisson: Ten families contacted me, including eleven victims since a mother has two children who were hospitalized.
How are the children who have been infected?
The children are in shock. I mean those who are no longer hospitalized. For others, a permanent worry that repeats itself daily until they are out of the woods. They still do not know if they will be able to return home. And of course, I dare to imagine the distress of parents who have lost their child and who are obviously inconsolable today.
Parents angry?
They have a priority for those whose children are hospitalized is that the situation improves from the point of view of the health of their children. Angry because it is unacceptable that today, we can in France be contaminated in this way. And of course, they seek to shed light on what happened, to understand how these products could have been put on the market.
In their case, the link is established with the consumption of these pizzas.
It may still be a bit early to tell. What we are asking for is the opening of a judicial inquiry. An investigation is opened in Paris which is organized by the public prosecutor of Paris. An investigating judge must be appointed to carry out all the necessary investigations in this case: searches, hearings, expert opinions. Time is against us. There is a risk of withering evidence and indeed, justice must go quickly.
Have you filed several complaints?
Several complaints have been filed, others are to come. Claims of involuntary injury and perhaps for parents who have lost children, claims of manslaughter.
This investigation will consist in establishing the responsibilities?
Exactly. When we see the report that was made by your colleagues at RMC and the damning testimony of a former employee who describes absolutely deplorable hygiene conditions concerning a factory in the North [à Caudry]. I believe that there are checks to be made.
Nestlé says this does not reflect the factory’s day-to-day hygienic conditions…
Statements and photographs show that obviously there has been a complete violation of all health and safety regulations. Once again, it is up to justice to prove and demonstrate it. That’s why you have to go fast.
How are these chains controlled in a factory that makes this kind of pizza?
There may be internal protocols which must verify that all hygiene measures are indeed taken. This can start with constantly washing your hands. Protocols that go as far as respecting the cold chain, with a whole series of standards in terms of national and European regulations that must be scrupulously respected. The question that arises with regard to his testimonies which have already been reproduced, is whether one, such protocols have been implemented and whether two, even more serious, they have been implemented and they do not have not been respected.
What is certain is that if indeed there is a violation of health and safety regulations. If the production factory or factories were totally unsanitary with mold on the walls, worms on the carpets where the pizzas were, cigarettes in the sauces, etc. There will be a chain of criminal responsibility and the leaders who were aware since obviously, alerts have been issued vis-à-vis these leaders, these leaders will have to be brought to justice with very heavy criminal responsibility.