BERGEN (Dagbladet): The girlfriend was driving at least 104 km/h in the 60 area when she lost control of the car. In the passenger seat, 18-year-old Lina Maria Asi died. The 19-year-old explained that she lost control of the car because an animal got in her way, causing her to skid.
Gowling was convicted in the Court of Appeal of vehicular manslaughter. He was Bachelor’s who mentioned the judgment first.
Prosecutors believe that speed itself is the main causative factor for the accident. Defender Kjetil Ottesen disagrees and believes the animal is to blame.
In Hordaland District Court, she was given a suspended 30-day jail sentence for breaking the road traffic law, but was acquitted of negligent homicide.
For the bereaved, this was a very stressful and heavy condition in parallel with the fact that they were in a state of grief. Co-lawyer Cecilie Walvik tells Dagbladet that they believe it was right for the prosecution to appeal and that the ruling is valid and important to prevent similar incidents among young drivers.
– an important signal
The prosecution appealed the case to the Court of Appeal, which assessed the legal application of the sentence – whether the threshold for a conviction of negligent homicide had been reached. The civil suit was also considered.
The ruling states, “The Court of Appeal does not consider it conclusive to assess that an animal entered the road just before the curve.”
The Court of Appeal further wrote that driving at such a speed, in the immediate physical environment, had such obvious potential danger that the defendant had to understand that it could end in a fatal accident.
The ruling indicates that the area is a typical old farming area and the vegetation and natural topography are close to the road. Therefore, the Court of Appeal believes that there is a risk that animals could run onto the road and that it is something that all drivers should consider.
“It is understandable for a motorist to hit an animal on the road, but if the speed is safe, the person involved will have time to recover their wits and act appropriately so that there is less chance of an accident.”
She choked on tears over her daughter’s death: – Awful
– Very sorry
The friend must also pay compensation of NOK 170,000 to each of Lena Maria’s parents plus NOK 50,000 to her partner.
She was also denied the right to obtain a driver’s license for four years.
We have noted that the Court of Appeal thinks about the application of the law differently than the District Court and we. Anyway, this is a tragic event that affects everyone involved. My client is deeply sorry for the loss of his friend. I will discuss with her whether the case should be appealed or accepted, says her advocate Kjetil Ottesen.
The convicted friend has fallen on hard times after the accident. During the main session of the Court of Appeal, she said the following:
– I am very sorry for the accident and all the pain it caused to all relatives, family, friends and acquaintances. Everyone who knows who Lina is. I feel so guilty for this. I drove. It’s something we all have to live with for the rest of our lives. It is very heavy to have such a burden on your shoulders. I lost my best friend, but I can’t compare it to losing a daughter, she says.
– is lost forever
Dagbladet previously interviewed Lena Maria Aase’s father about the loss of his daughter. He said she was creative, good at drawing, interested in horses, and wanted to be an ambulance worker.
– She was so bubbly, caring and warm. Now it is lost forever. It’s a terrible, unnecessary pain. We will never get it back. I hope people think twice before stepping on the gas. It has serious consequences. It has ruined our lives. I’m gone, and there are great ripple effects. Everyone in the family and all the friends who have had to come to terms with the loss. Not the least of which is the partner who gets out of our lives in some way, and the children they might have. He said there are serious consequences.
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