Three children drowned in the pond accident in Neukirchen (Northern Hesse) in 2016. The mayor was found guilty of the children's death. That is the verdict.
- Three children drowned in a fire pond in Neukirchen in the Schwalm-Eder district in northern Hesse .
- For this reason, Neukirchen Mayor Klemens Olbrich was on trial.
- The verdict has been reached and the defense lawyer demands acquittal.
Schwalmstadt - Surprise in the lawsuit against Neukirchen's mayor Klemens Olbrich for the three children drowned in the pond in Neukirchen-Seigertshausen: The district court in Treysa sentenced the head of administration for negligent killing in three cases by omission to pay a fine of 12,000 euros, payable in 100 daily rates ,
In addition, Olbrich has to pay 4,000 euros to the family center in Homberg and bear the costs of the procedure. The sentence was suspended on probation for two years. The ruling on the pond accident in Neukirchen is not yet final.
Olbrich's defense attorney Karl Christian Schelzke stated that he would recommend his client to appeal. The appeal hearing will then take place at the Marburg district court.
Neukirchen pond accident: Mayor guilty of death of three children
Could the death of the three children, who drowned in a pond in the Seigertshausen district of Neukirchen in June 2016, have been prevented by appropriate security measures such as bars, more meaningful signs and lifelines?
Is the mayor of Neukirchen, Klemens Olbrich, to blame for the death because he did not recognize the general danger from the pond or did nothing about it? That was the point of the pond accident trial that took place at the Treysa district court and ended on Thursday with a judgment.
Pond accident with three dead children in Neukirchen: Mayor convicted of negligent killing https://t.co/r0KxnhTMoS #hna #korbach
- HNA WAFK (@HNA_WAFK) February 20, 2020In it, magistrate Mareike Pöllmann largely corresponded to the arguments of the state prosecutor Kerstin Brinkmeier, who, following her plea, demanded that the mayor be convicted of negligent killing due to a violation of traffic safety and due diligence.
In her verdict, the judge emphasized that the city of Neukirchen, as the owner of the pond area, was obliged to ensure safety on the site. In the end, this is the full-time mayor in person, he bears the responsibility.
Neukirchen pond accident: Mayor should have brought resolutions
"We have to determine when something went wrong," said Judge Pöllmann. For them, many different factors came together that ultimately led to the conviction. Possible risk potential of the pond in Neukirchen, for example the depth and the slippery, steep slope made of paving stones that led to the pond accident, were not sufficiently recognized and were not subsequently eliminated.
The pond is also not a natural area, but "people have influenced the pond, changed it through conversions," Pöllmann continues.
The danger, especially for children, was thereby increased. In addition, the city has made the entire area more attractive with new paths, a grill hut and a beach volleyball court. "They wanted people to be there," said the judge.
In her opinion, Mayor Klemens Olbrich should and could have brought about decisions by municipal bodies such as the magistrate or city council regarding traffic safety - even if they had rejected such measures.
Neukirchen pond accident: First referred to as an accident
The death of the three children was tragic, but the investigators three and a half years ago initially clearly described it as an accident in which no third party fault was recognizable, said Olbrich defenders Karl Christian Schelzke and Dr. Ricarda Schelzke in her plea.
In numerous other cases of drowned children, the public prosecutor's office has closed the case. First, there was talk of an extinguishing water pond in Neukirchen-Seigertshausen, for which there are fixed regulations.
"Now the fire water pond is no longer an issue, so what remains as an accusation?" Asked Schelzke. After all, there is no general obligation to secure water.
Neukirchen pond accident: Defense counsel appeals to mayor
In his opinion, the question of where in the pond in Neukirchen-Seigertshausen the children played and fell into the water remained unanswered: in the rather flat or paved bank area. In addition, the dam was created by the Seigertshäuser itself. "Nobody saw a particular source of danger after the renovation in the pond, which has been in place for 200 years," he emphasized. Nobody had expected such a pond accident.
There is no obligation to protect people from all risks of life as long as they are recognizable, added Dr. Ricarda Schelzke. Both therefore pleaded for acquittal. In view of the conviction, Karl Christian Schelzke announced that he would appeal. The judgment is therefore not yet final.
By Matthias Haass
Neukirchen pond accident: Mayor dismisses guilt for death
After the pond accident, in which three children drowned, the mayor of Neukirchen Klemens Olbrich is on trial. At the beginning of the negotiations in January, he dismissed the children's death.
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