Lawyer Archives - Warehorne https://warehorne.com/category/lawyer Mon, 01 May 2023 13:07:04 +0000 en-US hourly 1 https://wordpress.org/?v=6.2 Rail accident in spain: cell phone call apparently came from train driver https://warehorne.com/rail-accident-in-spain-cell-phone-call-apparently.html https://warehorne.com/rail-accident-in-spain-cell-phone-call-apparently.html#respond Mon, 17 Apr 2023 09:37:08 +0000 https://warehorne.com/?p=5210 Locomotive driver francisco jose garzon voluntarily appeared in court at the scene of the accident in santiago de compostela on wednesday to reveal the identity of the caller, spanish media … Read More

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Rail accident in spain: cell phone call apparently came from train driver

Locomotive driver francisco jose garzon voluntarily appeared in court at the scene of the accident in santiago de compostela on wednesday to reveal the identity of the caller, spanish media reported, citing the high court of galicia.

79 people died in the accident a week ago. 13 injured still in critical condition in hospital on wednesday, according to official reports. Garzon admitted to a "lapse" during questioning by the investigating judge on sunday, but did not mention the telephone conversation. The call only came to light on tuesday during the analysis of the black box. 52-year-old garzon faces 79 counts of involuntary manslaughter.

The train driver reportedly came to court with his lawyer on wednesday and told the investigating judge that the train driver, who is the head of the conductors, had called him last wednesday evening shortly before the derailment due to excessive speed. Train driver antonio martin marugan, who was slightly injured in the accident, did not mention the call during his police interrogation. For the time being, he has not issued a statement.

The content of the conversation was revealed on wednesday by the TV station "lasexta". Among other things, the driver was asked: "how are things going with you??" – and replied: "good, we’ll get there soon."Shortly thereafter, according to the authorities’ findings, the railroad man crashed his train four kilometers from the entrance to the santiago station at 192 kilometers per hour in a tight speed 80 curve. However, garzon assured the media on wednesday that he had ended the conversation before the derailment occurred.

According to the regulations of the railroad company renfe, locomotive drivers may only be called from the railroad control center during the journey. According to the media, the analysis of the black box also showed that garzon probably looked at a sheet of paper during the telephone conversation. The government and the heads of the companies involved ruled out a technical error or safety defect as an additional cause of the accident.

He would rather die "than have to live with the guilt," the veteran railroad man said during questioning, according to media reports. However, garzon had also pointed out the poor signage at the "A grandeira" accident curve.

Garzon is currently free on conditional release. According to the court order, he has to report to court once a week. He was also stripped of his passport. In addition, he will no longer be allowed to drive a train for six months.

Transport and construction minister ana pastor said she would make a statement on the accident to the parliamentary transport committee. She had repeatedly rejected accusations by unions, the media and colleagues of the locomotive driver that the safety systems at the narrow accident curve were inadequate.



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Caught with crystal speed: 27 months in jail https://warehorne.com/caught-with-crystal-speed-27-months-in-jail.html https://warehorne.com/caught-with-crystal-speed-27-months-in-jail.html#respond Thu, 23 Mar 2023 07:39:48 +0000 https://warehorne.com/?p=5267 The extensive confession before the chamber of the bayreuth district court only came in the second attempt. At the first trial in early september, a 43-year-old man from the district … Read More

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Caught with crystal speed: 27 months in jail

The extensive confession before the chamber of the bayreuth district court only came in the second attempt. At the first trial in early september, a 43-year-old man from the district of kulmbach vehemently denied having bought 30 grams of crystal speed in the czech republic and importing the narcotic into germany.

The accused had made a confession two months ago, but then, to the surprise of his defense lawyer, he put the blame on a 40-year-old croatian man. At his urging, he went with him to the czech republic, where the croatian had obtained the addictive substance in asch, the man from the district of kulmbach had explained at the time.

A tall tale
He told the court a tall tale. At the resumption of the trial before the bayreuth regional court on monday, to which numerous witnesses had been summoned, the 43-year-old made a clean sweep right at the beginning. The crystal speed that police discovered in his car during a routine traffic check on highway 9 in early january had not belonged to his acquaintance driving the audi sab, but to himself. He had acquired the drug at the end of november 2011 in asch.

"Why did not the confession come earlier??", asked the presiding judge of the regional court chamber, michael eckstein, who made it clear that such a large number of witnesses did not have to be summoned. However, the defendant did not explain why he had done so.

The 43-year-old admitted to using crystal speed for over two and a half years. He was professionally overburdened and turned to addictive drugs, which led to an increase in performance.

Brother's house searched
With the mar, that his brother had supplied him with crystal speed in the beginning, he came clean. This is what he had claimed in september, which is why his brother's house was searched on the same day as the court hearing.

"I was in custody for three to four hours. The drug squad has turned our house upside down. The rumor that I have something to do with drugs has quickly made the rounds in our village. You are almost dead socially", the brother spoke yesterday on the witness stand about the fatal consequences of the false accusation.

No less difficult case
The accused, as he repeatedly assured the court, no longer ingests narcotics. What expert witness josef steinmann found credible. He said that a drug screening in the summer showed no abnormalities. Steinmann therefore did not consider it necessary to place the defendant in a detention center.

So the 43-year-old is not in detention, but in jail. The bayreuth regional court sentenced him to two years and three months imprisonment for the illegal importation of narcotics. With a quantity of 30 grams, there can no longer be any talk of a minor case, said presiding judge michael eckstein, who pointed out in his sentencing that the convicted man was under guard at the time of the crime.

Defense attorney wants "lenient sentence
Three years and nine months had been demanded by senior public prosecutor ernst schmalz, and defense lawyer lutz libbertz from munich asked the court for a "lenient sentence" asked. His client is either a dilettante or was heavily under the influence of drugs at the time of the crime. "He still had the crystal speed in his car weeks after buying it. It doesn't get any sillier than this, said libbertz. His client was now clearly shown at the bayreuth regional court that such stupidity is severely punished by german courts.



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Defeat in court for ex-hre shareholders https://warehorne.com/defeat-in-court-for-ex-hre-shareholders.html https://warehorne.com/defeat-in-court-for-ex-hre-shareholders.html#respond Thu, 16 Mar 2023 15:24:31 +0000 https://warehorne.com/?p=5245 The regional court in munich on friday rejected a lawsuit filed by around 270 former investors against the high level of compensation paid in the forced nationalization of the group. … Read More

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Defeat in court for ex-hre shareholders

The regional court in munich on friday rejected a lawsuit filed by around 270 former investors against the high level of compensation paid in the forced nationalization of the group. The sum of 1.30 euros per share was appropriate, said presiding judge helmut krenek.

A former shareholder burst into tears after the announcement of the decision and had to be calmed by court personnel. Lawyer daniela bergdolt announced that she would appeal to the higher regional court.

The federal government had saved HRE from bankruptcy in 2008 after losses running into billions and nationalized it a year later against the wishes of the former investors. Numerous investors took legal action against this.

The most prominent plaintiff in the proceedings was u.S. Investor christopher flowers, who as a major shareholder in HRE had vehemently opposed the state’s approach and lost around one billion euros with his shares.

After hours of questioning by an expert in the trial, judge krenek saw no evidence that the amount of the compensation was too low in view of HRE’s situation.

The fact that the share price before the nationalization was higher than 1.30 euros was not relevant for the amount of the compensation. The decisive factor in the calculation was the average stock price in the three months prior to the announcement of the squeeze-out.

Lawyer bergdolt was disappointed and spoke of a decision with socio-political relevance. "Every german is advised to buy shares for retirement provisions."This trust is shattered when investors are treated in this way.

"Who still dares to invest in shares now??"HRE used to be considered a fundamentally sound company in the DAX leading index – shareholders can therefore in no way be accused of gambling.

Former shareholder bohdan kalwarowskyj had bought HRE shares for his four children and lost about 20,000 euros. But even more expensive was his legal battle against the state’s action, in which he has invested a lot of time and money over the past few years.

"The costs are slowly approaching 100,000 euros," he said on the sidelines of the trial. Nevertheless, he does not want to give up, he announced after the court’s decision. He is concerned with the fundamental question: "what is the state allowed to do??"



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