LJUBLJANA – Criminal law enforcement agencies disagree with the ruling that the pilot did not throw an air balloon over the death of six people. "In dubio pro reo," almost a year ago, after completing the marathon ballooning process Mir Kolencu, the district criminal judge reported Son of Santa Claus and therefore acted on the principle that the accused should be acquitted.
Epilogue: Six dead and 11 seriously injured
Prosecutors have now attacked all guns with a pardon, and in their appeal they urge higher judges to separate and remand the case to the trial court.
Even the smaller balloon escaped him
Seven years have passed since the tragedy, on August 23, 2012, minutes before seven o'clock in the morning, Kolenc rose to the heights with one of the largest hot air balloons in the world. There were 32 people in the basket on a commercial flight. Later, the pilot insisted the weather was good, and during the flight he saw unannounced clouds and decided to land.
Recent preparations for a flight that ended tragically.
He found a suitable spot along the Izan Road, warned passengers to have soft knees and not to leave the basket, but did not obey it. At the first landing, which was not surprising, people started to leave the basket, so the balloon got a fresh start, but it normally flew and then they hit something and landed. A fire broke out, killing three family members, an 11-year-old Alya, father Izidor Translator and mothers Bojana Groznik, ter Ema Zelkoand later her husband at the hospital disappear and Erika Ferlan, 11 more were seriously injured.
He and Grobelnik were pleased to accept the English expert's opinion. PHOTO: MARKO FEIST
Prosecutors prosecuted him for negligently committing acts of general danger. They were convinced that Kolenc was aware that due to bad weather, non-compliance with field rules and landing rules, an accident could occur, but he lightly thought it would not happen. An hour before the flight is expected to officially announce the possibility of morning thunderstorms in the Ljubljana area, with storm clouds already visible on departure. During landing he did not pull the emergency landing rope, did not turn off the burner, did not close the fuel supply to the cylinders.
The prosecution sought 8 years in prison.
Some Slovenian balloons also pointed their finger at Kolenc. One saw his balloon in the air, approaching the storm, muttering "this guy is flying." It was recalled that Kolenz had a pilot license for only a good year and did not have much experience with flying, especially not flying such a large balloon, when he was responsible for the safety and life of 31 passengers. Although he flew for money, he did not need to fly that morning, as bad weather was forecast, one of them said. Another balloonist noted that Kolenc did not exactly control the landing and that "one small balloon escaped his hands."
About the generals after the battle
It was just such statements that angered his attorney at the district trial Boris Grobelnik, He suggested appointing a foreign balloon expert, "since we don't have such balloons, we only have amateur balloons, which in our statements to date have been unfair to my client."
And an Englishman appeared on the field Philip Dunnington, The cause of the accident was attributed to several factors: "The relative inexperience of the pilot in unusual conditions, the outbreak of fire and insufficient instructions to passengers." He continued that despite 40 years of experience in such conditions and at such speeds (up to five meters per second) he had not yet landed. "I can't say one hundred percent how to proceed." He thought the storm was visible during the flight, but not necessarily at takeoff. As for the balloon fire and a complaint to Kolenc that he did not extinguish the burner after landing, he said the pilot could only extinguish the fire when he was completely sure he would no longer need it, such as passing an obstacle. But the expert witness concluded that, under the circumstances, Kolenc did not consider the wire to be pulled after landing or not.
Judge Santa Claus delivered an oral judgment on behalf of the people in mid-November last year and then took eight months to complete it in writing. The Ljubljana District Court explained that the judge was employed in other priority or urgent matters; one such was the trial of detained Dr. Michel Stephan, who is accused of instigating the murder of a former associate at the Institute of Chemistry, Dr. Ivan Plavac. She was sentenced to eight years in prison in May.
And even though she is a prosecutor Nikolaja Hozić She suggested the defendant be sentenced to eight years in prison, and the judge released him in doubt, commenting on balloons over Kolenz's alleged errors that they did not have all the records and the full picture of the event, and told them: "After the battle, there can be any general. "
In the appeal, however, she told her that she no longer believed in her impartiality because she had misstated the facts, and in addition to reversing the judgment in a retrial, she expected Kolenca to be tried by another criminal judge, but not Santa. And she insists that the Crown witness for Dunnington's defense has not convinced her in the least. About Kolenz, however: he did not defend himself at all in the investigation, he said only that he regretted the events, but at the main hearing he "did not tell the truth and adjusted the defense to the evidence collected."
Kolenc did not tell the truth, adjusting the defense to the evidence he had gathered.
In the defense response, it was recommended that the higher court instance dismiss the plaintiff's appeal as unfounded. It is not yet known when the Appeals Chamber will meet on the subject.