Circuit Court refused to change positive judgment regarding client of Aivar Pilv
Tartu Circuit Court refused to satisfy the prosecutor’s appeal for annulling the positive judgment of the Viru County Court regarding a work accident that resulted in the death of two miners. Prosecutor filed an accusation against mining company Enefit Kaevandused AS and two of its employees for causing the death of two persons on worksite due to omission (inactivity) and negligence. Prosecutor applied for a penalty of 8 million Euro to the company and imprisonment of 2 years on 3 years’ probation to the liable employees.
On 7 June 2018, Viru County Court had found Enefit Kaevandused AS and its employees not guilty in accusation of omission (inactivity) and negligence that caused the death of two persons on worksite. The mining company had been accused of insufficient risk analysis and lack of control over possible chemical risk factors and existence of natural gases in the mining air.
Tartu Circuit Court took the opposite standpoint from the prosecutor and established that the first-degree court had not selectively assessed the evidence and had provided a deep and reasonable assessment. According to senior associate Aivar Pilv, defender of Enefit Kaevandused AS, the cause of death of two miners was severe poisoning, the triggering mechanism of which could be detected neither immediately after the accident nor in the following criminal proceeding. Court agreed with the defenders and stated that a ventilation system existed in the mine to liquidate gases and necessary sensors had been implemented for measurement. Additionally the victims were enabled to use protection equipment.
Regardless the court dispute and ungrounded accusation, Enefit Kaevandused AS has fulfilled the obligation for the payment of benefits proceeding from collective contract and has agreed on the payment of monthly support to the children of the deceased. The company will continue the performance of the agreements regardless of the favourable court decision.