Police car rolled over Lungau moped driver (15). The regional court does not see any “gross negligence” and spoke the power word in the legal dispute over competence with the district court. The proceedings for negligent homicide will therefore soon take place at the Tamsweg district court.
The wheels of justice grind slowly. Katharina Gerhardter-Kinner has felt this painfully for more than a year. On November 18, 2021, the woman from Lungau lost her son Andreas (15) in a fatal traffic accident on a dirt road in the municipality of Göriach. The moped driver was run over by a police bus, model VW T6, and died at the scene of the accident negligent homicide against the police officer, but quickly dropped the case. Andreas’ mother fought to get the case reported. On May 19, the public prosecutor’s office at the Tamsweg District Court brought charges of negligent homicide. However, the court found the policeman’s behavior to be gross negligence and thus a more serious offence. The file went to the Salzburg regional court. But now it’s finally clear where the court is negotiating. The regional court sees no gross negligence. Three criminal judges discussed the case and sent it back to Tamsweg. The reason: the policeman was legally obliged to prosecute. In addition, he could not have expected that only street tires would be mounted on the motocross machine. The safety distance would have been sufficient if Andreas’ moped hadn’t gotten caught in the ground during the fall. The trial date is still open.
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