Costs turned the other way up within the Huge Apple case – That is what an skilled thinks in regards to the verdict – 2024-06-13 09:29:14

A 35-year-old girl died in custody by the hands of safety guards within the purchasing middle Iso Omena on January 7, 2023. The district court docket of Länsi Uusimaa rejected the costs of manslaughter introduced towards the safety trade employees.

Prison legislation professor Kimmo Nuotio from the College of Helsinki considers the sentence justified.

The girl died in custody. The supervisors had been about to take away the girl from the premises of the purchasing middle. The girl who resisted was pressed to the bottom and handcuffed.

– The important factor is that the district court docket thought-about using power to be justified, Nuotio says.

– There was sufficient resistance that the district court docket didn’t see any error in the truth that the goal particular person was saved mendacity on the bottom.

Cardiac arrest of unclear trigger

The hall of the purchasing middle was full of flowers introduced in reminiscence of the useless girl in January 2023. UNDER LIESIMAA

In accordance with the prosecutor, using power by the guards was extreme, and the girl didn’t resist in such a approach that she wanted to be held down. The prosecutor introduced up in court docket that the girl ought to have been put in a extra “favorable” place, equivalent to sitting, sooner.

– They (guards) had problem controlling the particular person even when mendacity down. It could have been troublesome to sit down or rise up when the goal particular person resists exhausting, says Nuotio.

In the course of the detention, the girl turned lifeless. His explanation for loss of life was cardiac arrest. Nuotio considers the truth that the reason for the cardiac arrest was not discovered within the post-mortem to be important.

– It (cardiac arrest) couldn’t be linked to any doable error in using power.

The girl’s remedy was thought-about to have contributed to her loss of life.

Reconstruction

In accordance with the prosecutors, the safety employees had uncared for their obligation to observe the girl’s well-being within the detention scenario.

– Nevertheless, it turned out that as quickly as issues had been seen, the emergency middle was referred to as and resuscitation measures had been taken in accordance with the emergency middle’s directions, says Nuotio.

The incident occurred on a busy weekend afternoon. The scenario was additionally recorded in movies shot by bystanders. These movies, in addition to the surveillance digital camera recordings of the purchasing middle, gave a transparent indication of the course of occasions.

– When there have been lots of recordings, it has been doable to reconstruct the course of occasions very exactly, roughly to the second, what occurred at any level, Nuotio says.

The prosecutor appeals

The District Court docket of Länsi-Uusimaa issued a verdict within the case on Wednesday, June 12. The judgment shouldn’t be binding.

Kimmo Nuotio thinks that it could be troublesome for the prosecutors to reach the court docket of appeals with out clear proof of wrongdoing by safety employees.

– The prosecutor can attempt to problem the district court docket’s choice, however I might see that this might very nicely keep right here.

In accordance with Nuotio, hardly some other crime title would have been profitable in court docket.

The opposite prosecutor within the case Riku Niemi says by electronic mail that the prosecutor has already expressed dissatisfaction with the choice.

The prosecutors’ intention is to attraction the decision to the Helsinki Court docket of Attraction, Niemi says.

– The criticism and its content material shall be thought-about in additional element within the coming weeks.