The makers of an electric wagon used to transport groups of children will not be jailed for their role in an accident in 2018 in which four were killed, judges said on Friday.
The court ruled that there is not enough evidence that Edwin Renzen, who founded the Stint electric vehicle company, or the designer could be blamed for the tragedy. The children were killed when a wagon ploughed into a moving train after failing to stop at a level crossing.
The two were found guilty of forging documents but the court said it would not be “opportune” to impose a punishment because the case has been ongoing for seven years.
The public prosecution department had demanded sentences of five years and four months for the men.
The childcare worker in charge of the vehicle, who was seriously injured in the crash, told investigators she had been unable to brake, though no precise cause was ever established.
Investigators did find multiple technical defects in the vehicle, including inadequate brakes, a faulty throttle, no start-up protection and no way to carry out an emergency stop.
The public prosecution department claimed the managers were aware of these issues and chose not to disclose them. Expert reports, exchanges with customers, recorded phone calls and witness statements all point in that direction, the department said.
In its ruling, the court said there is a distinction between guaranteeing maximum safety and “knowingly and deliberately” putting a harmful product on the market. “And it is within that space that the defendants operated,” the court said.
The wagons were allowed back on the roads after tougher safety checks and new regulations including seat belts for the children and better braking.
The public prosecution department said later it would appeal against the court’s “incomprehensible” decision.
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