Overturn in the case of a work accident involving a 46-year-old father of two children. Three guilty of manslaughter
Guilty were judged yesterday by the Three-member Misdemeanor Appeal Court of Larisa one contractor, a subcontractor, but also a former head of the Cleaning Service of the Municipality of Killeler on the occasion of the labor accident that occurred on June 21, 2017 at the stadium of Aghii Anargyro of the Municipality of Killeler. Where a 46-year-old laborer and father of two, while digging with a shovel to “create pits for the repair and underground installation of electric valves and the electrical connection of new electric valves”, was electrocuted, resulting in his death from electric shock.
The court found the three guilty who were indicted on charges of manslaughter, with a sentence of 17 months each suspended for three years. A trial that presented interest given that the death of the 46-year-old worker was initially attributed to pathological causes, a dimension that was overturned by the forensic examination, whose histological tests confirmed that the 46-year-old was electrocuted while working.
A report cited yesterday by the district attorney, noting that “the cause of the fatal occupational accident is electric shock” so as to suggest the guilt of the accused. A work accident about which the Larisa Labor Inspectorate was informed after… two years. On April 1, 2019, officials of the Inspection drew up an autopsy report in which – according to information from the “Eleftheria” newspaper – it is noted, among other things, that “with the evidence collected afterwards in the workplace, the accident would have been avoided”, describing the responsibilities for the contractor , subcontractor and Municipality of Killeler. Thus, the death of the 46-year-old was declared as a work accident in order to subsequently prosecute the three defendants.
ELECTRIC VALVES FOR WATERING THE FIELD
In the context of a project by the Municipality of Killeler for the maintenance of irrigated and non-irrigated green spaces, the contractor (s.s. and first defendant) undertook the project, a part of which he assigned to the subcontractor (s.s. employer of the deceased and third and third defendant), while the supervisor of the project was the former head of Cleanliness and Greenery (s.s. and second defendant), as the Municipality of Killeler was also the owner of the field.
In this context, on the morning of June 21, 2017, the employer and the unfortunate 46-year-old went to St. Anargyrou for the project, among other things, of the repair and the underground installation of electrovalves for watering the field.
So while the 46-year-old “using a manual digging tool” (shovel) was working for the “creation of parties for the repair and underground installation of electrovalves and the electrical connection of new electrovalves” he felt unwell and the contractor, as he emphasized yesterday in his apology, he himself took him to the Larissa University Hospital. He also mentioned that a 46-year-old man walked into the Emergency Department, where he unfortunately expired a short time later.
Under these circumstances, the death of the 46-year-old initially attributed to pathological causes, while it was not declared as a work accident neither by the employers nor by the Municipality of Killeler. When, as the prosecutor pointed out yesterday, “the Labor Inspectorate should have been informed immediately”. In February 2018, after the laboratory tests, the forensic report is completed, which overturns the initial assessment and the death of the 46-year-old is attributed to an electric shock. After, as noted in the indictment, while digging, the 46-year-old “sent an electric current through his body”, as a result of which “his heart rhythm was disturbed, which caused his death from cardiac arrest in the hospital shortly afterwards”. After prosecutorial intervention, SEPE inspectors went to the stadium of Ag. Anargyron and on April 1, 2019 they compiled an autopsy report. In which the responsibilities for the three defendants are described, while the Labor Inspector detailed the findings in her testimony.
Long hours was yesterday and the testimony of the head of the Forensic Service of Larissa, Rubinis Leontari, while the contractor and subcontractor (including the former head was represented) in their apologies, denied the accusation, noting that they had taken all the necessary security measures and that the project did not it was related to the electrical installations of the stadium, nor was the presence of an electrician required for the specific project.
The district attorney in his announcement, on the occasion and the cause of death, referred in particular to the histopathological findings of the forensic report which proved the “passage of electric current” which “disturbed the heart rhythm”. He also made extensive reference to how the accident could have been avoided based on the SEPE inspectors’ report, to conclude by saying that the three defendants bear the blame, as they did not comply with their contractual obligations under labor law.
Finally, the Three-member Misdemeanor Appeal Court of Larisa ruled guilty of the 3 accused and, recognizing mitigating circumstances, imposed a 17-month prison sentence on each (up from 20 months at first instance) suspended for three years.
Source: Skai
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