“Father mourns loss of daughter in court hearing over negligent homicide charge”

BERGEN (Dagbladet): – 21.08.21 was a great summer day. Suddenly it was the darkest day of our lives. We experienced the worst thing that people can experience, the loss of a child. It is absolutely horrible that Lena Maria is no longer with us. She was only 18.5 years old, says her father about the day Lena Maria Aase died in a traffic accident on Osterøy outside Bergen.

On Thursday, he took the witness box in the Gulating Court of Appeal. The court will decide whether the friend (19), who drove the car, should be sentenced for negligent homicide.

In the district court she stayed acquitted of negligent homicidebut sentenced to 30 days’ probation for driving negligently at too high a speed when she lost control of the car at at least 104 km/h in a 60-zone.

Lena Maria’s father brought a picture of her into the courtroom. A reminder of who she was. He describes his daughter as follows:

– She was so important to all of us. She had incredible commitment, creativity, was empathetic and caring. She was very central to the family.

Then he breaks down.

– Sorry, he says and wipes away the tears.

– We miss her so terribly every single day.

– Violent forces

The father says that it is an additional burden for those left behind that the defendant does not plead guilty. He describes a “terrible urge” to reveal the truth about what happened.

– It is difficult that we have to dig for the answers. Horrible, simply. It’s a terrible thing to be in, in addition to what has happened.

The day after the accident that took the daughter’s life, the family was at the scene of the accident. The father describes how the car was completely smashed and that parts of the rock that the car hit had lost a part in the collision.

– There have been tremendous forces. It is a small consolation that Lena Maria probably did not understand anything or feel any pain.

The Court of Appeal shall not rule on the course of events. The district court has concluded that the friend was driving at least 104 km/h and that what she describes about an animal running into the road, that she swerved and thus lost control of the car, must be taken as a basis.

The prosecution believes that she had such a high speed in the turn anyway, that the episode with the animal is not relevant.

– It is incomprehensible to us. No one had made that turn at that speed. Animals or not, it doesn’t matter, says Lena Maria’s father.

Lena (18) died: – Absolutely terrible

– She gets disturbed

The prosecutor, State Attorney Magne Kvamme Sylta, believes that the speed itself is the dominant causal factor for the accident.

– It is the speed of the scene that has made her unable to act adequately.

Defender Kjetil Ottesen does not agree with that. He believes that it cannot be ruled out that the animal – which is probably a cat – has had an impact.

– She is disturbed at a very critical moment, when she should have slowed down in the turn, and then that is what causes this to happen, not the speed itself, he says.

The defender emphasizes:

– When there is an external triggering factor, it is not her negligence that causes this to happen. You should not be punished for that.

It is an application of law appeal that is heard in the Court of Appeal.

Brutally killed: – A great sadness

– Lost my best friend

The accused woman also appeared in court, but she left the courtroom after a brief statement. She was very emotional when she took the witness stand.

– I am extremely sorry for the accident and all the pain I have caused all relatives, family, friends, acquaintances. Everyone who knew who Lena was. I feel enormous guilt for this. I drove the car. 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’ve lost my best friend, but I can’t compare it to losing a daughter, she says.

The time after the accident has not been easy for her. Defender Ottesen describes that she has been ostracized by the local community and that friends have turned their backs on her. He also refers to a statement from the psychologist that describes several psychological problems, including depression and symptoms of post-traumatic stress disorder (PTSD).

– I am a bit concerned that just because you feel a moral and actual responsibility for what has happened, it does not mean that it is right that you should be punished for it, Ottesen told Dagbladet.

The public prosecutor’s office submitted a request for imprisonment for one year and for her to lose her driving license for four years. The defender submitted a claim that the appeal be rejected.

The civil claim was also appealed. Assistance lawyer Cecilie Wallevik filed a claim for reparation compensation for Lena Maria’s cohabitant and parents.