Two farmers stood trial in Seekirchen in Salzburg on Monday. Charge: Because the men had violated their duty of care, the nine-year-old neighbor child was painfully suffocated in a grain cart. The incident in July 2022 shocked the whole of Lamprechtshausen, the home community of the suspect and the victim.
“We all know what tragically happened. Nevertheless, this hearing must take place and the law must be complied with.” With these words, judge Albrecht Mandl opened the proceedings in room 1 of the Seekirchen court on Monday around 10:40 a.m. Before Mandl sat a farmer (56) and his father (77).The charge: the negligent killing of a child by negligence.
Deadly game in the grain tipper
Thomas, the nine-year-old boy next door, played with the farmer’s son in a grain cart on July 18, 2022 on the suspect’s farm in Lamprechtshausen (Flachgau). Suction caused Thomas to get covered in grain and block a discharge shaft. The flowing grain crushed the boy. An emergency medical team resuscitated the boy and flew him to hospital. But in Salzburg’s university hospital, he lost the battle for his young life.
Both farmers have not been blamed so far
The two farmers, who had never come into contact with the law before, appeared without a lawyer. It was therefore apparently not clear to both of them what exactly the legal accusation against them was. Judge Mandl summed it up: “They let the children play there, while the regulations say that this is not allowed. So the reproach is: you could have prevented it if you had forbidden the children to play on the caravan.”
Admission after legal regulation
After the explanation, the defendants continued their negligent behavior. “It doesn’t help. It happened,” said the old farmer. After a legal instruction from the judge, the farmer also admitted: “I have taken over the supervision. I plead guilty.”
Four months probation
It imposed a four-month suspended sentence for involuntary manslaughter. The probationary period was set at three years. The judge motivated the verdict by indicating that the instructions for use of the tipper state that no one – certainly not a child – may be near it during use. In addition, according to the manufacturer, the trailer may not be entered during unloading. Of his verdict, Mandl told the defendant, “The law must be obeyed, even if it does not help anyone.” The verdict is not final. The prosecutor and the defendant have three days to appeal.
Source: Krone
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