On the evening of 24 October 2021, three people and a dog tried to cross a water at Kvamskogen in Vestland, using a boat. For several years they had used a boat to get over to the cabin on the other side of Langvotnevatnet, but this evening things went wrong. The water flow was high and the current strong. The boat was taken by the current and taken off the 20-metre-high waterfall, which plunges into the Tokagjelet. All lost their lives. Since then, there has been disagreement as to whether anyone can be punished for the death of Kjell Arne Pedersen (64) and the married couple Ruth Wathne (68) and Nils Johan Bårdsen (72). Dropped, reopened, dropped again The police found nothing criminal in their investigation. The case was therefore dismissed in February 2022. However, following a complaint from survivors and new information from the Norwegian Directorate of Water Resources and Energy (NVE), the investigation was resumed. It then emerged that the power company Clemens Kraft, the parent company of Tokagjelet AS, had started the development of a new power plant shortly before the accident. The police were now to investigate whether the development affected the flow of water in the river on the day of the death, and whether the power company could be blamed. See what the area looked like before and after development of the power plant: Flytfoto from norgeibilder.no In March 2023, the power company Clemens Kraft was charged with breaching the Water Resources Act and the dam safety regulations. Now, however, state prosecutor Trond Høvik in the West police district has dropped the case again. The reason is a lack of evidence. NVE and the survivors disagree with the closure. NVE criticizes police and power company news has gained access to a letter that NVE has sent to Hordaland, Sogn og Fjordane state attorney’s offices. The industry magazine Energiteknikk has also mentioned the letter. In the letter, the directorate criticizes the closure and the work of the police. NVE reacts to the fact that they were not notified before the case was dropped. The Directorate also questions the fact that the case has been dropped due to a lack of evidence. In the letter, NVE responds to the fact that the power company’s director, Knud Hans Nørve, has stated that the development contributed positively on the day of the accident. He claims the flow rate went down because of a threshold the company had built. NVE then gives a clear message and writes the following in the letter: “This is a description of the actual conditions in the watercourse with which we disagree”. This power plant was built just before the fatal accident. The three who died were carried over the edge and down the river’s waterfall. Photo: Oddgeir Øystese / news NVE will not comment on the matter to news. news has presented the criticism against the managing director of Clemens Kraft, Knud Nørve. He says he stands by his previous statements that the development contributed positively on the day of the accident, and not the other way around. news has also asked what assessments were made of risks for the development. He will not answer this. – We are happy that the case has been closed after a long and thorough investigation by the police, says Nørve and adds: – But as the case may end up in an investigation again, I will not comment further on it. Survivors appeal the closure The survivors are represented by partner in Harris Advokatfirma, lawyer Einar Drægebø. On behalf of the bereaved, he has complained about the state attorney’s referral to the Attorney General. The complaint, which news has gained access to, is critical of the state attorney’s assessments and the closing of the case. Lawyer Drægebø believes that the experts who were appointed by the district court to assess the flow of water in the Tokagjelet have gone beyond their mandate. This is because the engineers’ report goes a long way in assessing and commenting on the legal regulations, for which they lack both the mandate and legal competence, the lawyer believes. He argues that these are legal assessments and questions of evidence which the experts are not supposed to consider, and which the public prosecutor should therefore not have given importance to. In the complaint, Drægebø writes: “It is unfortunate that the prosecution, in its justification for dropping the case, seems to place great emphasis on the experts’ assessment.” Assistance lawyer Einar Drægebø represents the bereaved. Photo: Marit Hommedal / news This is what the lawyer believes is the offense – The loss and missing after three people died, the bereaved will never be restored regardless of the legal outcome, says lawyer Drægebø to news. He says that it is not punishment that is important for those left behind, but responsibility. – The bereaved agree with the prosecution that no individual can be punished, but believe that the power company must be held responsible for having broken the law. The lawyer refers to the Water Resources Act and the Dam Safety Regulations. They make demands on companies to protect the public and minimize the risk of injury. According to the lawyer, the essential thing for criminal liability is not only whether the power company’s development changed the flow of water, but that the company never carried out a risk assessment for the development. – It is an unlawful and deficient survey that the company never investigated whether the development could make it more dangerous for the cabin people’s traffic, on what the company must have known was such a trafficked body of water, says Drægebø. Flowers were laid in the days after the accident in October 2021. Photo: Linnea Skare Olsen / news – Could set an unfortunate precedent Drægebø believes that a lack of punitive action could give an unfortunate signal effect. – It is important for those left behind that this does not happen again. When you have regulations that state that companies must assess risk and ensure for activity, and this is not done, it would be wrong not to sanction with punishment in such a serious and tragic incident, says Drægebø and states: – It can also set a very unfortunate precedent in future development cases. – What do the survivors hope that the complaint to the Attorney General will lead to? – We believe there is no need for a new investigation. We believe that the prosecution must give corporate punishment to the power company Tokagjelet AS, or the parent company Clemens Kraft. Responding to the criticism news has submitted the criticism from NVE and aid attorney Einar Drægebø to state attorney Trond Høvik. – Regarding the criticism from NVE, I regret that they were not informed about the closure in advance, says Høvik and adds: – I have made a decision about closure which I believe is correct. Beyond that, I do not wish to comment on the case, but await the Attorney General’s decision. State attorney Trond Høvik says he has apologized to NVE. Photo: Adrian Nyhammer Olsen / news Published 11.10.2024, at 17.35 Updated 11.10.2024, at 18.15
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The police drop the Tokagjelet case once again – news Vestland
