– Although I feel a great relief now, I cannot forget. It is a tragedy what has happened. A driver’s worst nightmare. One August evening last year, the lorry driver is on his way home from Nesbyen to his partner and their two children after a work assignment. The working day was to end with the worst possible outcome. Three brothers come driving in the opposite direction in a newly purchased car. They too are on their way home. On national highway 7 in Flå in Hallingdal, the car and the crane collide. Both cars end up in the ditch and the car starts to burn. The brothers Emad (20), Ibrahim (18) and Yahya Jamal Sirwil (17) in the passenger car die in the collision. Forensic technicians on highway 7 near Hallingdal. Photo: Ole Edvin Tangen During the investigation, it became clear that the lorry driver had overtaken just before the accident. Based on this, the police chose to confiscate the driver’s license and charge the driver with negligent homicide and breach of Section 3 of the Road Traffic Act. One year after the accident, the professional driver gets his license back. 14. October, the state attorney concludes that the truck driver cannot be blamed. Punish the police – It seems as if the police sacrificed the lorry driver to avoid being left with black pepper, says Christian Arnkværn at the law firm Vectio. Lawyer Christian Arnkwærn. Photo: Kate Barth-Nilsen / news The driver’s lawyer believes that the police have designated his client as a potential murderer, without sufficient grounds. The Attorney-General’s Office on confiscation of driving licences: The requirement of “reasonable grounds for suspicion” means that there must be a preponderance of probability that the suspect has committed a criminal offense which may result in the loss of driving licences. The assessment must be made on the basis of the evidence situation at the time of the decision. So-called “routine seizures” of driving licenses even in the event of serious traffic accidents are against the law and must not occur. In the case of criminal offenses other than violations of traffic legislation, the loss of driving license and thereby also confiscation must be justified in the public interest, cf. the loss regulations $ 2–6 which, among other things, sets as a condition that there is a “clear connection” between the use of a motor vehicle and the criminal offence. – It has been an enormous strain. For my partner, family, friends and myself, says the driver himself. Regarding the charge and the confiscation of the driver’s license, the driver says that he understands the police who “do this routinely with a view to investigations and investigations”. – But in many cases it seems like somewhat hasty conclusions. You are prejudged before they have investigated anything. Yes, you are almost blamed for the fact that it went the way it did. – Do you know what the charge was based on? – No. I received little information at all. I explained myself several times, but still felt that I was not believed. The truck driver experienced his worst nightmare. Traffic accident with the worst possible outcome. Photo: Henning Rønhovde / news Branded as a murderer – It seems that they thought that the lorry driver must have been to blame for the accident. That they have seized the driver’s license almost for safety’s sake, says lawyer Arnkværn. He believes the police have broken an instruction from the Attorney General. It states that confiscation of a driver’s license shall only take place if it is probable that the driver has done something wrong. – At the time, there was little to indicate that the lorry driver had driven irresponsibly, the lawyer believes. He adds that losing your driver’s license is seen as a punishment. – He has not been able to work, and it has taken a toll on him and his family. He experienced being labeled a murderer, says Arnkwærn. – Hasn’t fully guarded The police rejects the criticism from the defense lawyer. – It’s not like we’ve gone all out to avoid being left with black pepper, begins police attorney Andrea Finckenhagen. Police attorney Andrea Finckenhagen. Photo: Privat She points out that two courts allowed the police to confiscate the driver’s license and charge the driver. – I feel confident that we proceeded in the right way. This collision occurred in connection with the truck overtaking. We believed that this gave reasonable grounds for suspicion, she says. Rumors and paranoia The driver and his roommate made use of the municipality’s crisis team and received psychological help. He says that he checked out “relatively early”. – I didn’t have as much need to talk about what happened, he explains briefly. The roommate made use of the psychologist’s services weekly. – It felt like we were living in a true crime story, she says. While the investigation was ongoing, they lived under a dark cloud. A horror. – Were there any rumours? – There are always rumours. They spread with the wind, replies the driver, who adds that he tried not to be influenced by what the media wrote or what others wrote and said. – You are automatically suspended. There is always someone who knows best and can do best. Who are experts in all possible areas, but who don’t quite know what they’re talking about. But I was there. I know what happened. Back to everyday life The driver is washed clean. He’s back behind the wheel, at work. He thanks friends, family and colleagues in the industry for the enormous support during a difficult time. – The biggest feeling is that I am believed. What I have explained, that is what happened. Now they have finally found out that it was so. But I have to live with this for the rest of my life. – It feels a bit like I’ve got my life back. It’s a relief to be believed, even if it’s not out of this world. Photo: Henning Rønhovde / news – It is natural to demand compensation – As a result of an erroneous charge, my client was without a driving license for a year. In particular, this has affected himself, his family and his employer, says lawyer Arnkværn. He points out “the burden of being wrongly accused of being the one who caused a very serious accident”. – He has always strongly disagreed that he can be blamed for the incident and has believed that the decisions from the District Court and the Court of Appeal were wrong when, in connection with the confiscation of the driver’s licence, they decided on the question of guilt. – It is therefore natural that he is considering demanding compensation for the burden these mistakes have caused him when it is now clear that he cannot be blamed, says Arnkwærn. A final position on compensation claims will be taken when the suspension is legally binding.
ttn-69
– You explain yourself, but are not believed – news Oslo og Viken – Local news, TV and radio
