In Trøndelag District Court, the woman was acquitted, but the public prosecutor appealed the law. The Frostating Court of Appeal has now rejected the appeal. The woman, who was a new mother, returned to the house after a wheelbarrow ride, which also included her mother and the family dog. Drove two kilometers with the dog in tow The infant screamed and was very bothered with a stomach ache, the woman told the court. She herself had a sleep problem and was very tired. She fastened the dog to the trailer hitch on the car by the house and hurried in with the baby. Soon after, her mother came in, and they did not talk about where the dog was. Two hours later, the accused drove to pick up his other child who was in the kindergarten, about two kilometers away. When she arrived, she discovered the dog that was in her band on the road behind the car. The dog died as a result of the injuries. The acquittal due to the circumstances The woman was charged with violating the Animal Welfare Act by leaving an animal in a helpless state. In the district court, the prosecutor filed a claim for imprisonment on terms and a fine of 10,000 kroner. The three judges agreed that it was unjustifiable not to make sure that the dog was released from the trailer before she got in the car. Two of the three judges said the act was negligent, but not grossly negligent, as required by law to adjudicate. Thus, the accused was acquitted, against the vote of the professional judge in the minority. The district court said the woman could not be charged for not checking that the dog had been taken care of by her mother, and was lying in her place in the shed. “The dog usually lies quietly in its permanent place inside the house, and it was therefore not strange for the defendant that she had not noticed whether the dog was in the house or not,” the district court wrote. The public prosecutor appealed the law to the Court of Appeal. ACTOR: – The district court made an incomplete assessment and placed too much emphasis on personal matters of the accused, said police attorney Amund Sand in the Court of Appeal. Photo: Tariq Alisubh / NRK Weakened attention due to the baby The accused mother of two was strongly affected when she explained herself to the Frostating Court of Appeal last week. Several times she shed tears in the witness box. She told about the tough times after the birth, about pain, lack of sleep, lack of concentration and a baby who screamed a lot. The day before the fatal car crash, her mother had come to help at home. In the Court of Appeal, the defendant also said that neither she nor the man used to tie the dog to the trailer. But that day she did it, to take care of the baby. The Court of Appeal, my defendant, created a very dangerous situation for the dog, and that the action is very serious. On the other hand, it was difficult for the defendant to focus on anything other than the baby. The circumstance also means that the threshold for what is grossly negligent must be higher, the Court of Appeal says: the dog into the house – (NN defendant’s) negligence is therefore not to be regarded as gross. ” The appeal from the prosecution was therefore rejected by the Court of Appeal. This means that the verdict from the district court is upheld and the woman is acquitted. DEFENDANT: Jon Reidar Aae’s victory in the case has been a great burden for the accused. Photo: Joar Elgåen / NRK – A great burden for the accused It is now up to the prosecution to decide whether the case should be appealed to the Supreme Court. State Attorney Jarle Wikdahl has barely read through the verdict when NRK talks to him on Wednesday. – If we appeal to the Supreme Court, it will be on the law, since there is no disagreement about what has happened, says Wikdahl. Defender Jon Reidar Aae says that the accused is relieved. – The result is gratifying for my client and she sincerely hopes that the Public Prosecutor does not appeal further, says Aae. The case has been a great burden for her and the rest of the family. Losing a dog in this way is extra heavy, says the defender. This was the second case in two months in Trøndelag where a dog was dragged after a car by accident. In February, a man was sentenced to prison on probation for 15 days and a fine of 10,000 kroner. His dog was also injured, but survived the ride.
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Dismissed after riding a dog in the trailer party – NRK Trøndelag
