During twilight, along the A3 highway - Repeat trial leads to fatal accident involving a woman driver and a concrete block.
A new trial initiated at the Cologne Regional Court, centering around a fatal incident involving a motorist and a fallen concrete slab. The victim, a 66-year-old woman, tragically lost her life when her small vehicle was pinned beneath a one-tonne heavy soundproof barrier on the A3 in November 2020. According to the prosecution, poor construction practices led to the incident.
The trial was necessitated to commence anew on Monday, following a defense attorney's successful appeal against the original jury member's release. The Higher Regional Court in Cologne subsequently ordered a retrial with new jury members. The case was initially tried in mid-August, leading to this resumed proceeding.
Potential Guilt
Three civil engineers are standing trial. The 62-year-old, who served as the project manager for the responsible construction company during the A3's eight-lane expansion in Cologne between 2006 and 2008, is accused of manslaughter through negligence with intent to endanger. Two former Street.NRW department employees, aged 59, are also on trial, facing charges of negligent homicide due to their negligence.
The construction company had installed some of the six-tonne heavy soundproof barriers in 2008, utilizing makeshift components for support, leading to insufficient corrosion protection, as per indictment claims. The acceptance of these makeshift constructions was contingent upon an expert opinion regarding their load-bearing capacity and duration.
Inaction
This expert report, declaring the construction substandard, was delivered to the 62-year-old engineer, but allegedly, he neglected to relay it to Street.NRW. "He remained inactive, despite the looming failure of the supports being evident," the indictment stated. According to the prosecutor, this inaction "implicitly accepted the loss of a life."
The defense lawyer for the engineer denied the accusations, asserting that her client was unaware of the report and had not suppressed it. Moreover, it was not their client who oversaw the panel installation, but a deceased construction manager.
The two former Street.NRW department employees are charged with failing to request the expert report, even though they recognized the conditional acceptance stipulation. The prosecution identifies this as a dereliction of duty.
The lawyer for the 59-year-old emphasized that the incident was an accident, and his client bore no responsibility.
The trial is set to conclude by year-end.
The case was handed over to the ['The Office of the Prosecutor'] for further investigation due to the severity of the charges and potential corporate negligence. Regardless of the defense's arguments, the prosecution believes that the actions or inactions of the accused directly contributed to the woman's death at the hands of a falling concrete slab.
