Court ruling - Acquittal for security guard after fatal accident
In the event of a fatal accident at a railway crossing in Oldenburg, a defendant has been acquitted. There were not sufficient indications that the 40-year-old was guilty, ruled the Westerstede District Court on Wednesday. In the indictment, the public prosecutor had accused the man of insufficiently securing a railway crossing as a train approached.
A truck driver died in August 2022 in an accident involving a train at a railway crossing in Rastede north of Oldenburg. The 52-year-old driver wanted to cross the railway crossing, which was not secured with a barrier due to repair work. Instead, security personnel were supposed to manually secure the crossing - at the time of the accident, the acquitted person was on duty.
Prosecution changed its position
Despite a comprehensive investigation, as the court stated, the charge of negligent manslaughter of the truck driver through the negligent securing of the railway crossing could not be proven. The prosecution had previously changed its position and also demanded a acquittal in its closing arguments, according to a court spokeswoman.
In the summer of 2022, several railway crossings in Rastede were taken out of service during construction work. Traffic was regulated there by security personnel. In addition to the fatal accident, there were also reportedly near accidents at that time. Furthermore, a reporter from NDR, who reported on the incident on site, claimed to have been assaulted by a security guard. The railway then replaced the security personnel provided by a subcontractor.
- The acquitted individual was on duty at the railway crossing in Rastede, where a fatal accident involving a train and a truck occurred.
- The Westerstede District Court ruled that there were not sufficient indications to convict the 40-year-old defendant, leading to his acquittal in the case.
- Initially, the public prosecutor's office had accused the defendant of insufficiently securing a railway crossing as a train approached.
- However, due to a comprehensive investigation, the charge of negligent manslaughter could not be proven, and the prosecution changed its position, demanding an acquittal in its closing arguments.
- The fatal accident at the railway crossing took place in August 2022, during construction work that temporarily took several railway crossings in Rastede out of service.
- Traffic was regulated at these crossings by security personnel, and there were reportedly near accidents at that time, as well as claims of assault against a security guard by a reporter from NDR.
- Following the incident, the railway replaced the security personnel provided by a subcontractor.
