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CRIME

Trial delayed for man accused of kicking woman down Berlin station stairs

Update: The trial of a man accused of kicking a woman down the stairs of a Berlin metro station has been delayed due to an allegation of bias against a court assessor.

Trial delayed for man accused of kicking woman down Berlin station stairs
Screenshot from the footage shared by police.

The process was set to begin on Thursday, but the man’s defence team filed a claim accusing one of the court lay assessors of being biased.

In Germany, such assessors help criminal courts make decisions on points of law and fact, along with professional jurists.

The defence team said that the assessor wrote letters to the editor in a newspaper, complaining about criminal youth with immigrant roots. The defendant is a 28-year-old Bulgarian man.

The court must now decide whether the woman is in fact biased, and thus whether they must find a replacement assessor. If they do decide to find someone new, this could take several more weeks before the trial would resume again. The court is set to reconvene on Tuesday.

The defendant faces charges of grievous bodily harm over kicking the young woman down the stairs in October 2016, an act caught on CCTV cameras.
 
The attack caused public outcry across Germany. On the grainy footage, a man could be seen walking up behind an unsuspecting woman, and kicking her violently down the stairs of Hermanstrasse U-Bahn station.

Immediately after the crime, police searched in vain for the attacker. But after weeks without an arrest, they made the unusual decision to publicly release video footage of the attack.

SEE ALSO: Why the Berlin U-Bahn attack video grabbed the world's attention

By mid-December, they had detained a cousin of the suspect who also appeared on the CCTV footage, and officials then believed that the main suspect had gone into hiding in his Bulgarian homeland.

But shortly before Christmas, the suspect was arrested at Berlin’s central bus station after he arrived on a long-distance bus from southern France.

The charge of grievous bodily harm entails a sentence of anywhere between six months and ten years in jail. The defendant also has several charges of theft and driving without a licence in Bulgaria, and has reportedly admitted to police that he committed the crime.

The 26-year-old victim, who suffered a broken arm and head injuries in the fall, is a co-plaintiff in the case.

Prosecutors say that the attack “had the potential to endanger her life.”

The defendant faces a further charge of public exhibitionism. Prosecutors allege that he masturbated in front of two women in the middle of the day in the Reinickendorf neighbourhood of Berlin two weeks before the violent assault. He then repeated this crime in front of another witness around 35 minutes later.

FLOODS

German prosecutors drop investigation into ‘unforeseeable’ flood disaster

More than two and a half years after the deadly flood disaster in the Ahr Valley, western Germany, prosecutors have dropped an investigation into alleged negligence by the local district administrator.

German prosecutors drop investigation into 'unforeseeable' flood disaster

The public prosecutor’s office in Koblenz has closed the investigation into the deadly flood disaster in the Ahr valley that occurred in the summer of 2021.

A sufficient suspicion against the former Ahr district administrator Jürgen Pföhler (CDU) and an employee from the crisis team has not arisen, announced the head of the public prosecutor’s office in Koblenz, Mario Mannweiler, on Thursday.

Following the flood disaster in the Ahr region in Rhineland-Palatinate – in which 136 people died in Germany and thousands of homes were destroyed – there were accusations that the district of Ahrweiler, with Pföhler at the helm, had acted too late in sending flood warnings.

An investigation on suspicion of negligent homicide in 135 cases began in August of 2021. Pföhler had always denied the allegations.

READ ALSO: UPDATE – German prosecutors consider manslaughter probe into deadly floods

The public prosecutor’s office came to the conclusion that it was an extraordinary natural disaster: “The 2021 flood far exceeded anything people had experienced before and was subjectively unimaginable for residents, those affected, emergency services and those responsible for operations alike,” the authority said.

Civil protections in the district of Ahrweiler, including its disaster warning system, were found to be insufficient.

READ ALSO: Germany knew its disaster warning system wasn’t good enough – why wasn’t it improved?

But from the point of view of the public prosecutor’s office, these “quite considerable deficiencies”, which were identified by an expert, did not constitute criminal liability.

Why did the case take so long?

The investigations had dragged on partly because they were marked by considerable challenges, said the head of the Rhineland-Palatinate State Criminal Police Office, Mario Germano. “Namely, to conduct investigations in an area marked by the natural disaster and partially destroyed. Some of the people we had to interrogate were severely traumatised.”

More than 300 witnesses were heard including firefighters, city workers and those affected by the flood. More than 20 terabytes of digital data had been secured and evaluated, and more than 300 gigabytes were deemed relevant to the proceedings.

Pföhler, who stopped working as the district administrator in August 2021 due to illness, stepped down from the role in October 2021 citing an incapacity for duty. 

The conclusion of the investigation had been postponed several times, in part because the public prosecutor’s office wanted to wait for the outcome of the investigative committee in the Rhineland-Palatinate state parliament.

READ ALSO: Volunteer army rebuilds Germany’s flood-stricken towns

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