Wrangling on Ebersberger parking lot: many unanswered questions
Created: 06/01/2023 16:08
By: Helena Grillenberger
The court could not clearly clarify the facts.
© SRO
A parking space, a folded side mirror, a pedestrian and a motorist: these are the facts.
But for the Ebersberg district court it is difficult to find out what actually happened in the parking lot.
Ebersberg – A head-shaking defendant and a witness whose testimony also made the public prosecutor frown: A carpenter from the old district of Wasserburg had to answer before the Ebersberg district court.
The 53-year-old is said to have touched a pedestrian with his side mirror when he wanted to leave the parking lot of the shopping center in Ebersberg in February last year.
He then jumped out of his car, grabbed the pedestrian and pulled him to the mirror to see if the car was damaged.
He is said to have followed the pedestrian again and grabbed him again.
The allegation was negligent bodily harm, since the pedestrian suffered pain from the collision with the mirror.
Although the two testimonies in court were different, they did not agree with the indictment.
The defendant emphasized that he did not drive, but stood.
Suddenly he saw a shadow out of the corner of his eye and then heard a rattling.
Everyone tells something different
"It was very obvious to me that he was having a bad day," he explained, explaining his suspicion that the pedestrian had deliberately folded the mirror in with his elbow.
He ran after him, grabbed his jacket and looked with him to see if the car had been damaged.
"There was nothing, so the whole thing was done for me."
The pedestrian who was called as a witness described the matter somewhat differently: the carpenter drove at around five to ten km/h in the driveway and touched him in the process.
Judge Vera Hörauf wanted to know why he then went on.
"I thought the folded side mirror was enough as a reminder that it didn't leave enough space," the witness replied.
Nothing hurt him, for him the matter was settled at this point.
He only reported her because of the behavior afterwards.
The fact that the accused grabbed him was simply not possible.
How, where, how often – this information differed significantly in court from what he said to the police.
Also, why or if he had ever had pain in his shoulder.
On-site visit at the car brings certain clarity
A trip to the parking lot of the district court should finally clear up ambiguities: There the accused showed that his side mirror was not attached at shoulder height - on the other hand, the mirror folded away upwards.
And not if you hit it from the front, but from below, as he demonstrated to the judge and prosecutor with a well-aimed elbow.
"What are we going to do with this procedure now?" Judge Hörauf asked back in the courtroom.
Two out of three points in the indictment were dropped, the pedestrian's packing remained.
The judge therefore dropped the proceedings against a payment of 500 euros.
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You can find more current news from the district of Ebersberg at Merkur.de/Ebersberg.