The man who ran over the six-year-old at Finnsnes in Troms has been sentenced to 60 days in prison. The judgment is unconditional. He loses his driving license for three years, with deductions from the year the defendant has already been without the licence. He is acquitted of the restitution claim to the 6-year-old’s parents, but is ordered to pay the legal costs. This is clear from the judgment from Nord-Troms and Senja district court, which was presented on Friday afternoon. The man’s defender, Mads Wallerheim, says he and his client have not yet digested the verdict. – Now we have to use the time in the future to go through the judgment, and make some thoughts and assessments related to how we should deal with it, he says. In the court at Finnsnes, the driver’s defense submitted a claim for a full acquittal of his client. Alternatively, he asked that the defendant be considered in the most lenient manner. Wallerheim tells news that they need time before deciding whether to accept or appeal the verdict. – It is no secret that the result came as a bit of a surprise. We think it is a strict sentence, with a strict outcome, says the defender. Defender Mads Wallerheim. Photo: Kari Anne Skoglund / news Acquitted of restitution The accident happened on 18 August last year. Six-year-old Chrisander Johansen was out cycling close to his home when he was hit by a reversing car driver. He died instantly from his injuries. Before the court was set last week, Chrisander’s father approached the defendant and gave him a warm hug. Assistance lawyer Cato Simonsen submitted a demand for restitution to each of Chrisander’s parents. The requirement is 1.5G. This amounts to approximately NOK 190,000. The court acquitted the defendant of the restitution claim. Assistance lawyer Cato Simonsen says the parents are familiar with the content of the judgment. – I have received the verdict, and it has been forwarded to the parents. We haven’t had time to go through. We now need time to sit down and look through it together, he says. There is a two-week deadline for appealing the verdict. The family’s assistance lawyer, Cato Simonsen. Photo: Kari Anne Skoglund / news 15 days less than the prosecutor’s wish In court, the prosecution submitted a request for 75 days in prison. They also asked for the man to lose his driving license for 3 years. The judges have settled on a sentence that is 15 days shorter. The verdict was handed down with a dissent from one of the co-judges. The minority believes that the compensation claim should have been upheld. The majority believe that it was only possible for the driver to discover the boy a short time before the accident occurred. They believe it was negligent on the part of the driver not to follow the mirror in addition to the rear-view camera. The minority believe that the driver should also have focused more on the zone behind the car with the greatest risk. Friends of Chrisander left flowers and drawings for their friend at the place where the accident happened, which in the following days became a memorial. Photo: Marita Andersen / news Pleaded not guilty Last week, the case was heard in Nord-Troms and Senja district court. Six witnesses gave their evidence. The man in his 40s was charged with breaching Section 281 of the Criminal Code, for negligently causing the death of another. The man from Troms was also charged with breaching the duty to yield. In court, he admitted that he ran over Chrisander. But he pleaded not guilty to the charges. The man said he wished he could do it with reservations. He said he feels a great moral responsibility. The last thing that happened in court was that he asked to express his deepest condolences to those left behind by Chrisander. – I know you have had a tough year. There is nothing I wish more than for this not to happen. When it comes to punishment, I have already served one year, he said clearly affected. Chrisander Johansen (6) died from the injuries he sustained after a collision at Finnsnes in August last year. The picture is from the scene and was taken a few days after the accident. Photo: Marita Andersen / news Strict liability under backing Prosecutor Torstein Lindquister emphasized in court that many people may think there are only losers in this case. But he said all drivers have a particularly strict responsibility when backing up. In court, the prosecutor said that the defendant had one thing to watch out for. That no one came out on the road behind the scrub in the driveway. And it was precisely there that Chrisander came cycling. Investigations carried out at the scene indicate that the 6-year-old tried to throw himself off the bike to get away from the backing car. – No punishment will get Chrisander back. We see the defendant so fervently wishes this undone. It is not the ill will that we are dealing with, but the negligence which we believe was dangerous and which had a fatal outcome, Lindquister said in court. Prosecutor Torstein Lindquister represents the prosecution. Photo: Kari Anne Skoglund / news Published 06.09.2024, at 15.35 Updated 06.09.2024, at 21.43
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Driver sentenced to 60 days in prison – news Troms and Finnmark
