Illegal Races - Two little boys die - 'I didn't want that'
Tears flow in the courtroom. "I'm sorry, I didn't want this", says the 41-year-old defendant with a choked voice in the Hanover Regional Court. And another woman is looking down and crying - before the beginning of a new murder trial regarding a forbidden Race with two dead children: the mother of the two and six-year-old boys.
The 39-year-old father is agitated, an apology he doesn't want to make, only justice: "That brings nothing", he says angrily. His life isn't made better, and his wife "suffers every day".
"I can't go a day without thinking about those two children"
Then the defendant's lawyer reads a statement: "I can't go a day without thinking about those two children", the Polish woman reportedly said, who herself is a Mother and has a grandchild. She acknowledges being judged for her actions - she couldn't undo the incident.
It's unbearable for her to think about the dead children, she had suicidal thoughts. But as a Mother, she couldn't be indifferent to the deaths of her two sons. Her co-defendant also apologizes: "I bear a share of the responsibility for the deaths of the two children."
With 180 hours of kilometers in the 70-zone
What happened? The Regional Court considered it proven in April of the previous year that the two now 41-year-olds, near Barsinghausen near Hannover, engaged in an illegal race. Accordingly, they drove their PS-strong Cars at up to 180 kilometers per hour next to each other - the speed limit is 70 there.
In a curve, the woman loses control, causing a collision with oncoming cars. The family's car is thrown onto a hitching post, and the children on the back seat die.
Federal Court of Justice overturns first judgment
The judgment of the Regional Court: The woman is sentenced to six years in prison, her racing partner to four years - but for an unlawful car race resulting in death. They were charged with murder or accessory to murder.
In February, the Federal Court of Justice overturned the judgment on an application by the public prosecutor, who sought to convict the woman of murder, as well as the defendants' appeal. Legal errors were seen by the Federal Court of Justice judges. Therefore, the case must be retried.
Defendant claims to have been provoked
Moreover, the personality of the defendants was not taken into account in the first judgment, according to Federal Court of Justice Judge Britta Schlingmann. Their reckless driving style and lack of empathy were noted before the accident. Now, a conviction for murder, attempted murder, grievous bodily harm, and an unlawful car race resulting in death is being considered. Potential murder motives could be jealousy and low motives.
The 41-year-old defendant's lawyer reads out her statement, she had made a wrong decision - namely, to give gas instead of braking. She was "scared" of the oncoming traffic, but meant to keep the car under control. She didn't act out of selfishness, but to avoid danger, the lawyer reads. The co-defendant, on the other hand, according to his lawyer's declaration, had provoked himself into a race. He had initially not wanted to admit this.
Father wants justice only
Perhaps it helps, if you hear from me, that the court has come to the right verdict," says the 41-year-old, looking at the first judgment and turning to the disconsolate parents. He renews his offer of financial assistance and offers 30,000 Euro - well aware that money cannot bring the children back and hoping that his offer will not be perceived as shameless. The father of the two boys, a taxi driver, rejects the offer: "I want justice."
And then it becomes completely quiet in the courtroom, despair is almost tangible: There is a clip of the accident from a dashcam in a car that was following the family's vehicle - this video is shown.
Suddenly and rapidly, the car of the 41-year-old appears from nowhere in a curve. In the blink of an eye, the accident occurs, and the family's vehicle is thrown off the road. Everyone in the room becomes clear in this moment how much their own fate hangs by a thread in traffic.
The defendant's lawyer mentions the Federal Court of Justice overturning the initial judgment in this case, citing legal errors and the need for a retrial. The courtroom is located in Hannover, specifically at the Higher Regional Court Hannover.
The 41-year-old defendant, a taxi driver, expresses regret for his actions and offers financial assistance to the grieving parents, but the father firmly states that he seeks justice, not money.
The apology of the co-defendant is also brought up, as he acknowledges his share of responsibility for the fatal accident. The incident occurred in Barsinghausen, near Hanover, during an illegal racing event.
Despite the tragic incident, the defendant, who is a mother, cannot avoid thinking about the two deceased children. Her regret and guilt are so profound that she even contemplated suicide.
The lack of empathy and reckless driving style of the defendants were evident before the accident, according to the Federal Court of Justice Judge Britta Schlingmann. As a consequence, potential charges of murder, attempted murder, grievous bodily harm, and unlawful car racing resulting in death are being considered.
During the trial, evidence is presented, including a dashcam video of the accident, which emphasizes the unpredictability and danger in traffic, making everyone in the courtroom reflect on their own safety.
The lawyers for each defendant present their side of the story, with the 41-year-old defendant claiming she was provoked into speeding and losing control, while the co-defendant admits to provoking himself into the race.
The prosecutor's application to convict the woman of murder and accessory to murder was one of the reasons that led the Federal Court of Justice to overturn the initial judgment and order a retrial.
