Back and forth about lawsuit against police officers
court
After the accidental death of a young Lungau moped driver who was run over by a police minibus, a legal back and forth broke out about the trial against the policeman at the wheel. A trial was supposed to take place – but now everything is different again.
First an expert, the police officer is not to blame for running over the 15-year-old boy in a chase. The war fell on a dirt road. The 15-year-old got stuck on a root with his moped, the police vehicle couldn’t brake and rolled over him. However, this was not foreseeable, which is why the procedure was initially discontinued.
Attorney for survivors reaches trial
Then the lawyer of the surviving mother managed to get a trial after all – for negligent homicide at the Tamsweg district court. But there’s nothing there again, Kurt Jelinek, the police officer’s defense attorney, is surprised. Because the district court has now declared itself incompetent and is of the opinion that the Salzburg regional court should deal with the case, according to Jelinek: “Several lawyers, several courts and different opinions. You don’t know where you are and it’s always changing.”
State court must decide
Now the regional court has to decide who is responsible: the Tamsweg district court or the Salzburg regional court. Whoever – for Stefan Rieder, lawyer for the bereaved, a judicial review is important: “Two who would have to pay damages here have been since the Republic of Austria, because this is about official liability. When it comes to the liability insurance of the vehicle – the result of the criminal proceedings is still awaited. In this respect, the outcome of the criminal proceedings is very important for the civil claims.”
If it should be the competent regional court, the charge must be tightened to grossly negligent homicide. That would also mean a higher penalty for the police officer, namely up to three years in prison instead of up to one year in the district court.