Backer had ‘no control or discretion’ to use substance that caused deaths, says delegate

The Backer brewery had “no control or criteria” to use the substance identified as the cause of death of ten people intoxicated after consuming the Belorizontina drink, says the delegate responsible for the first investigations of the case now on trial in Minas Gerais.

The first phase of the trial of three factory owners —Ana Paula Lebbos, Munir Lebbos and Halim Lebbos— and seven employees accused of manslaughter (unintentional) ended this Thursday (26). In all, 27 people were heard, including prosecution witnesses and surviving victims.

The next phase, yet to be scheduled, will be to hear witnesses for the defense.

The alleged misuse of diethylene glycol is part of an investigation by the Civil Police and was cited in the testimony given this Thursday by delegate Flavio Grossi.

Backer, according to the corporation, used the product for cooling tanks used to store Belorizontina’s production. Diethylene glycol was placed in ducts that circulated the compartments.

According to the Civil Police, the substance came into contact with the beer through holes that existed both in the ducts and in the tanks. Investigations showed that the cause of death was via diethylene glycol intoxication.

Backer claims it never purchased the substance.

In his testimony, the delegate stated that the investigations detected an increase in the company’s purchases of diethylene glycol and that Backer itself had already informed that the refrigeration system that used the substance was closed and, therefore, the product should not be “consumed” in the process.

“The investigation concluded that the system needed replacement of diethylene glycol [para a refrigeração]but there was no control or criterion”, said the delegate, as disclosed by the communication sector of the Forum Lafayette, the first instance of Justice of Minas Gerais in Belo Horizonte. The press was prohibited from following the testimonies in the courtroom.

The delegate also stated that he was surprised that the accused, “with great technical knowledge of the process and technical qualifications, have not been concerned with this increased need for diethylene glycol replacement”.

Grossi also stated that the company was remiss in not immediately suspending the sale of beer, even after the contamination had already been identified.

Backer contests the Civil Police investigations and cites the use of monoethylene glycol, not diethylene glycol, in its factory. “The engineering expertise in progress in the public civil action records will demonstrate the delegate’s mistake. The consumption of monoethylene glycol is absolutely compatible with the company’s activities and there has never been any excess consumption”, says the company, in a note.

“The fact is that the delegate drew his own conclusions without considering the expansion of the industrial park; the events in which the product was used for beer taps and the sales points where these beer taps were also installed, which also used antifreeze to work” , says the text.

The company also denies having maintained the sale of the products after the contamination news. “As soon as pointed out by Organs competent bodies, in addition to the commercialization paralyzed, the recall began”, says the statement.

Traffic ticket

This Friday (27), the Ministry of Justice and Public Security fined Backer R$ 11.9 million for the contamination of Belorizontina consumers.

It is the second fine the company has received from the federal government in less than a month. The first was applied by the Ministry of Agriculture, Livestock and Supply on the 6th. The amount was R$ 5 million.

The fine from the Ministry of Justice was for damages to consumers. “Whenever there is an infringement that harms the health, safety, good faith of buyers or ignores their vulnerability, the State will act to defend them,” Minister Anderson Torres said in a statement from the ministry.

The punishment applied by the Ministry of Agriculture was for selling beers with diethylene glycol, expanding industrial facilities without communication to the pulp and not obeying the order to collect products from the market.

Backer stated that it has not yet been notified of the fine imposed by the Ministry of Justice. Regarding the punishment by the Ministry of Agriculture, the brewery said it was under review by the legal department.