Bavaria: tree inspector defends himself against penal order

Augsburg (dpa / lby) - After a fatal tree fall on a playground in Augsburg, a tree inspector in the city is taking action against a penalty order.

Bavaria: tree inspector defends himself against penal order

Augsburg (dpa / lby) - After a fatal tree fall on a playground in Augsburg, a tree inspector in the city is taking action against a penalty order. The administration worker is accused of being responsible for the death of a 20-month-old girl.

In July 2021, a maple tree fell on the playground, hitting the toddler and mother. Both were seriously injured, the girl died in hospital. An older daughter of the woman played a little away in the accident and was therefore physically unharmed.

The public prosecutor's office has obtained a penalty order against a 56-year-old tree inspector for negligent homicide and negligent bodily harm. A spokeswoman for the Augsburg district court said on Friday that an objection had been lodged. First, the "Augsburger Allgemeine" reported about it.

The tree was attacked by a fungus and suddenly fell over. Based on an expert report, the public prosecutor assumes that the city employee would have noticed a fungal infestation when checking the tree in May 2020 and should have taken further measures. The inspector's defense explained that there was a counter-opinion, according to which the employee had taken sufficient measures. Attorney Hansjörg Schmid explained that he could not see the impending tree fall.

The public prosecutor had demanded a fine of 120 daily rates for the inspector, but the sentence may be suspended for two years on probation. If Schmid does not later withdraw his objection to the penalty order, the case would now have to be brought up in a trial at the district court.

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