The village called Žudr was repaired by the village for several years without a building permit. Although the repair site, where there was a two-meter-deep hole in the cellar, was not marked or secured in any way, the mayor allowed the building to hold private events, including alcohol celebrations.
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In the middle of March last year, an accident occurred at one such event – the woman apparently confused the door and instead of the toilet, she entered the hallway to the stairs and fell into the cellar. She was fatally injured in the fall.
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The district court in Prostějov imposed a sentence of thirty months on the mayor with a suspended sentence of three years for negligent death. However, the mayor refused to accept the guilt and punishment and filed an appeal.
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The builder’s responsibility?
“We do not agree that the client is seen as the owner, that is the municipality. She was also a builder. Relying on the opinion of experts, no one blamed him for any risk spot. He was convinced that if the tenant of the building is a person with full responsibility before the law, then he should also be responsible for ensuring that the problematic space will not be accessible, “argued the mayor’s lawyer.
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After all, he cannot hand over keys without prior security, he does not need to have a construction education for that, common sense is enough for that
Judge
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However, the Senate, led by Halina Černá, did not have the understanding for the mayor’s efforts to develop from a tragedy. He pointed out that in the narrow corridor behind the door were shovels and buckets next to an unmarked hole. “Anyone could have fallen there at any time. The defendant had the building managed without respecting building regulations. He created a high-risk space there. He should have known the regulations, he does not excuse ignorance of the law, moreover, in this case he could know the illegality of the conduct himself, “stated Judge Černá.
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Common sense
Hochvald defended himself, among other things, by saying that he had no construction but an agricultural education, referring to the fact that the head of the building authority and the designer did not draw his attention to anything.
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“After all, he can’t hand over the keys without prior security, he doesn’t need to have a construction education for that, common sense is enough for that. He could easily recognize the danger of the place, anyone could really fall there, “the judge added.
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After the verdict, the mayor himself continued to point out that the door to the hole was locked. “No one had access there except to whom I handed over the keys. There happened to be someone operating a boiler, he locked the door but did not open it, and so what happened. I am very sorry, it affected the whole family and the whole village, “said Hochvald.
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