Late-hour on A3 Highway - Commencing the ordeal of demise beneath concrete layers once more.
The trial concerning the fatal incident where a driver was crushed under a fallen concrete slab from a noise barrier last week is set to restart. This is due to an appeal by the defense over the dismissal of a juror, as announced by the Cologne Regional Court on Monday. The Higher Regional Court (OLG) has mandated a retrial. As a result, the trial scheduled for Tuesday has been called off, according to the Regional Court.
The trial, initially scheduled for 26 court days, included a primary school director as a juror. She mentioned her professional unavailability for certain dates, including her school enrollment day, leading to her release from jury duty by the Regional Court, as confirmed by a court spokesperson. The OLG expressed concern over the insufficient justification and documentation for the juror's release.
With the retrial, the first two court sessions from last week will need to be conducted again. New jurors will replace the previous ones, according to the spokesperson. The remaining court sessions have already been scheduled until the end of the year. Jurors are selected based on the trial's starting date, with new jurors being selected in the event of a retrial.
Back in November 2020, a 66-year-old woman lost her life when her small car was crushed under a 6-ton slab from a noise barrier wall on the A3 near Cologne. A 62-year-old engineer from a construction company is accused of negligently causing her death. The state prosecutor also charges two 59-year-old former employees of the state authority Straßen.NRW with negligent homicide.
The defense argued for a retrial, citing concerns about the dismissal of a juror in the case involving transport and telecommunications infrastructure, specifically the noise barrier where the fatal incident occurred. With the retrial, the transportation and communication networks in the area around the trial may experience temporary disruptions to accommodate the new court sessions.
