That's what happened: In August 2016, two motorboats, each with four occupants, collided head-on after the harbour festival in Barßel. A 27-year-old boat driver and his 24-year-old co-driver were killed in the collision and several people were injured. Some of them were seriously injured. The surviving boat driver from Barßel was charged.
The proceedings before the Higher Regional Court were an appeal. In 2021, the shipping court in Emden had sentenced the now 32-year-old to a suspended sentence of one year for involuntary manslaughter, causing grievous bodily harm and drunkenness. He was also ordered to pay compensation for pain and suffering totalling 45,000 euros.
The defendant must pay compensation for pain and suffering
Following the judgement of the Higher Regional Court, the driver of the boat, who was drunk at the time of the accident, must pay compensation for pain and suffering amounting to 30,000 euros to an injured passenger. He must pay a further 15,000 euros to the parents of the deceased passenger. As reported by NDR in Lower Saxony, both the public prosecutor's office and the defendant from Barßel have agreed to this.
Experts agree, unlike in the first trial
"The Higher Regional Court had previously pointed out that only a conviction for drink-driving would have come into question," as the NDR further reported. This was also due to the assessment of the experts: they did not rule out the possibility that the defendant was travelling much slower in his boat than initially assumed. In contrast to the first trial, the experts agreed that the defendant was not definitely at fault for the accident.
Although the defendant was heavily intoxicated with a blood alcohol level of 1.9 per mille, the deceased driver in the accident was also found to have a blood alcohol level of 1.5 per mille. In addition, he had been travelling without lights on the night of the accident.
The case was not heard for years as no court felt it had jurisdiction. The judgement means that the proceedings have now been discontinued.
