A teacher at a Leiria college is facing charges by the Public Prosecutor (MP) of negligent homicide following the death of a 15-year-old student due to the collapse of a goalpost.
The incident occurred on May 25, 2021, during a physical education class for 9th-grade students held at the synthetic turf football field of the Colégio Conciliar de Maria Imaculada (CCMI).
During today’s closing arguments at the Judicial Court of Leiria, the prosecutor emphasized that the accused committed a crime of negligent homicide in a gross form.
Expressing regret over the “irreparable loss,” the prosecutor stated that the facts outlined in the accusation were proven, highlighting that the teacher was aware of the use of the goalposts without counterweights, demonstrating “irresponsible behavior.”
Although acknowledging that the accused “is not the entity responsible” for the equipment, the prosecutor noted that “by analogy,” he bears responsibility as the physical education teacher.
The prosecutor stressed the predictability of teenagers hanging from the goalposts and said, “it was also foreseeable that being hit by the goalpost could result in death.”
Arguing that “there is no concurrent fault,” the prosecutor added that despite the victim hanging from the post, if counterweights had been in place, the fall and subsequent death “would not have occurred.”
“The accused simply used the movable goalpost with restless and undisciplined adolescents, typical of their age, without any mechanism to ensure the stability of the goalpost,” revealing “negligent and gross behavior.”
The prosecutor believes the defendant “acted too lightly,” reflecting “inexcusable lack of care,” and demonstrated “lack of critical sense by not taking responsibility.”
The defense attorney for the accused acknowledged the “inestimable loss” and the immense pain, especially for the parents, caused by the accident, arguing that “gross negligence was not proven” and that the CCMI regulations did not specify conditions for the use of movable goalposts.
“The administration amended the regulations to include a clause specifically concerning the use of movable goalposts, which should include counterweights” and “they should even be laid down.”
The lawyer pointed out that the law assigns responsibility for equipment to the “individual responsible, the management position, and the private legal entity,” not to the teacher.
“Responsibility cannot be attributed to the defendant,” the lawyer insisted.
Reiterating the absence of counterweights, which do not appear in the photographic evidence from the PSP, the defense lawyer argued there is no “causal link” since the goalposts were used without counterweights. Having never experienced an accident, “the perception of risk diminished due to experience.”
“It is predictable that a young person might hang on a goalpost. What is not predictable is that such behavior would cause the goalpost to fall. The MP assumes that the placement of counterweights would prevent the fall, but we do not know if they wouldn’t topple with counterweights,” the lawyer added.
The defense requested the acquittal of the defendant, arguing that “the goalpost fell because someone hung on it,” which “must be considered in the court’s decision.”
The victim’s family lawyer expressed regret over the practice at a private school subsidized by the state of using movable goalposts without measures to prevent falls, noting that parents choose these institutions believing they offer better safety than public education.
At the trial’s conclusion, the accused expressed sorrow over the accident, stating that he is on medical leave and will not return to teaching.
The verdict reading is scheduled for October 31.
