According to an export report submitted this week before the Fourth Court of Instruction of Blanes, Spain by Spain Nightlife, the Spanish Nightlife Association (which act as popular accusation) and the St Trop nightclub of Lloret de Mar, Spain (which is a private prosecution) the assault that took place in August of 2017 in the aforementioned nightclub and that ended the life of the young Italian Niccolo Ciatti, was completely inevitable.
While it is true that the club did not have the two mandatory security guards, it had at the time of the events with 9 bouncers who exercised the security functions (according to regulation they only had to have 4). However, the expert evidence now contributed to the proceedings, prepared by judicial expert Emilio Bolea López, judicial expert specialized in the use of force, confirms that this fact did not influence the fatal outcome and that it was unavoidable.
The contribution of said expert report results from the fact that, apart from shedding light on how the events occurred as objects of investigation and dealing with technical aspects of high interest relating to them, it makes clear and obvious that it was impossible to avoid the assault that caused the tragic event, even if there would’ve been two security guards present in the room. The result of the expert examination is totally reliable since it has been made using the recordings of the security cameras of the premises, the video recording of the assault by a client on the first floor of the premises. In addition, a reconstruction of the incidents has been carried out with the public in the room to know if it was possible for the security personnel to arrive at the scene of the incident before the alleged perpetrator gave the deadly kick to the victim and if the time invested was correct and diligent. According to the expert report, the bouncers took only 12 seconds to reach the area of the incident since they received the warning through the inner radio. Moreover, their response was more than quick considering that they had to arrive in a single file line since the room was crowded, making it impossible to get there before as a security guard or as a bouncer.
Therefore, the expert report concluded that the time spent by the 3 bouncers who arrived first at the scene of the incident, from the moment of the warning (2h 51 ’30’ ‘) until the arrival (2h 51’ 42 ” ) was then 12 seconds, reducing to 6 seconds from the reaction of the 3rd, arriving all at once in single file line and the fastest route possible. The time taken would have been the same by anyone, regardless of their professional role: bouncer, doorman, security guard or even police. In addition, the size of the attacker and the techniques used for impact implied a very short effective time with very high harmfulness, being that the death blow was totally unpredictable and inevitable as well as impossible to foresee or predict what could happen when the alleged perpetrator of the assault accessed the premises. It should also be borne in mind that, as has been proven through other sources of evidence, the defendant was an expert in wrestling.
For this reason, being the aggression that caused the death of Niccolo Ciatti totally unpredictable and inevitable and having bouncers to the scene of the incident 12 seconds after receiving the warning through the headset (19 seconds after being detected), and still not arriving in time to avoid the same. It must be said that the lack of two guards did not influence at any time in the production of the tragic event being that what could not be avoided by 9 people (9 bouncers) working in the security of the premises could’ve not been avoided by the 6 that were mandatory (4 bouncers and 2 security guards). Because of this, the result was totally foreign to the professional role of the security personnel present, by all means, it is cleared any doubt on if the lack of two vigilantes could influence in the fatal result and, therefore, it is due to attribute the responsibility to the defendant Rassoul Bissoultanov, sole and true responsible for the crime occurred – without prejudice to his right to the presumption of innocence.
Lastly, we take the opportunity to inform you that the St Trop nightclub, in its condition of private accusation in the proceedings, will request compensation from the defendant for the damages that he has caused to the venue’s image and reputation. The nightclub, which has been open to the public for 56 years, had never registered an incident of this caliber and therefore, will also act civilly against the defendant. On the other hand, in order to demonstrate once again its commitment to safety, the St Trop nightclub has recently implemented the international safety seal, International Nightlife Safety Certified (INSC).