Jaak Siim and Aleksandr Tsemin achieved positive judgment for client in county court
Senior associate Jaak Siim and associate Aleksandr Tsemin successfully represented their client in a criminal proceeding in Viru County Court where the defendant, who is working as project manager at the Narva Power Plants of Eesti Energia, was accused with regard to an accident at the ash handling system of the Auvere Power Plant in January 2015 (downfall of huge volume of ashes from the equipment). The client was accused of neglecting the work health and safety requirements, as a result of which a severe health damage was caused to five persons working on site during the accident. Additionally, the defendant was accused of placing or leaving persons in a life-threatening situation. The prosecutor withdrew from the latter accusation during the criminal proceeding. In the indictment the prosecutor demanded for a punishment of 1.5 years actual imprisonment.
On 14 March 2019, the county court published the resolution of the court judgment and, among other, found the client not guilty in the accusation of causing a severe health damage to five persons as a result of neglecting work health and safety requirements. The decision was based on the lack of a component of crime in the person’s activity. Due to the positive judgment, the county court also refused to review the related civil claims and ordered the state to cover all the procedural expenses of the criminal proceeding.
The prosecutor can appeal the decision within 15 days as from publishing the full court judgment on 29 April 2019.