Aivar Pilv and Marko Pilv successfully defended Enefit Kaevandused
On 7 June 2018, Viru County Court found Enefit Kaevandused AS and its employees not guilty in accusation of omission (inactivity) and thus causing the death of two employees on worksite. Previously the prosecutor had applied for a financial penalty of more than 8 million Euros to the company. Enefit Kaevandused AS was defended in court by senior associates Aivar Pilv and Marko Pilv.
According to the accusation, the company failed to check on a regular basis the following of various legal acts and internal documentation on work safety requirements. On 29 January 2015 it caused the death of two employees in a mining pit. The expert established the occurrence of unknown gas or steam in the mining pit as a cause of death which could be detected neither immediately after the accident nor during the following criminal proceeding. Enefit Kaevandused AS was accused of insufficient risk analysis, in other words incomplete checking of the possible existence of chemical threats and natural gases in the mining air.
Aivar Pilv and Marko Pilv, the defenders of Enefit Kaevandused AS found the accusation ungrounded, it did not relate to the factual circumstances and gathered evidences about the work environment and safety requirements in the mine. The risk analysis of the company guaranteed the checking of all the possible gases and steams in the mining air and employees had all the necessary protection equipment. The analysis of evidences established that there was no causal relation between the alleged inactivity of the company and the final result (death of employees). Viru County Court agreed with the defenders and additionally mentioned the inability to detect the mechanism of formation of the accident.
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.