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Stuffed animals and flowers lie at the scene of the accident in Neukirchen in 2016
Photo: Uwe Zucchi/ dpa
It has been more than six years since three children drowned in a village pond in the Hessian town of Neukirchen - now the Marburg district court has dismissed the appeal of the city's former mayor and again fined him for negligent manslaughter by omission.
"Because they were children who couldn't protect themselves, you had to protect them," the presiding judge said in his reasoning.
The court saw it as proven that the head of the town hall at the time had violated the traffic safety obligation for the pond and imposed a fine totaling 14,400 euros.
The danger emanating from the pond was known.
The chamber found that the accident could undoubtedly have been avoided if the then mayor had fulfilled his safety obligations.
The defendant "simply and simply failed" in this regard.
Paved and slippery embankment probably made rescue impossible
In June 2016, three siblings aged five, eight and nine drowned in the village pond, which was almost two meters deep.
The prosecution assumed that at least one child had fallen into the water while playing and the others also had an accident while trying to provide help.
According to the regional court, they could not have saved themselves because of the paved and slippery embankment.
With the verdict, the chamber dismissed the appeal of the accused.
In February 2020, the 65-year-old was sentenced to a suspended fine of 12,000 euros in the first instance for negligent homicide.
The public prosecutor's office had also lodged an appeal.
Mayor did not perceive Teich as a danger
The ex-mayor declared on the first day of the hearing that he had not perceived the pond as dangerous.
"There was no information from the public, not even from professional third parties." The need for security measures was never an issue.
Among other things, the regional court was of the opinion that the accused should have intervened "because you, as the mayor, are responsible for ensuring that no bystanders are harmed in your properties," said the chairman.
The public prosecutor had previously demanded a suspended prison sentence of one year and a fine.
The two joint plaintiffs - the parents of the drowned children - joined the claim.
An appeal against the judgment is possible.
lmd/dpa