The oulu district court has sentenced the OC spray from the rolling mopoilijaan used the officers official duties violation.Both the police man penalty of 20 day-fines.The officers were sentenced by law to mention on your own and the situation just too dangerous force use.The police are not even accused mopotytön sent off and injuries causing.The court treated the incident occurred September evening in a quiet road in the city of Oulu region. Illustration photo, picture of a person not related to the case. Jukka Ritola
a Controversial incident occurred two years ago, the fall of Oulu. The police patrol met as a result on the road to lightless by the scooter model moped, which runs through moped permissible 45 miles an hour in relation to clear speeding, i.e. up to about 70 miles an hour.
the Patrol decided to stop the moped driver and check this running order. The decision was also the fact that Oulu had the previous day stolen mopeds. The patrol did not know who the moposkootteria drove.
Police gave the alarm light, alarm sounds and red lights at the stop sign. Moped rider did not stop.
the Patrol came to a moped driver’s side. Mopokuski turned his head, but not stopped. On the contrary, he sought to get away.
turned to the condition of the track
Officers decided together, that the moped rider can be stopped OC gas.
This happens. The patrol came to a moped alongside. Side window shouting right in front sat the officer told mopokuskia to stop and warned that they otherwise can use the gas.
Command didn’t work.
the Officer sprayed a few seconds of pepper gas towards the moped to drive the young woman’s face. The girl had been open to cross-shaped helmet, and he had no goggles.
Gasification didn’t work as expected – at least not immediately. The moped continues to move.
at This point, a police car and moped rider were Risuniityntie, which had no other traffic. In the police patrol repeated sprayings.
Moped rider turned fitness orbit. Moposkootteri pass still over a hundred meters, but derail or drifted off the track and crashed into a tree.
a Moped carrying a girl a thud in the bushes. His feet had been flying through the air after the unnatural position.
Moped rider denied the crime
in the brush flew after the girl was conscious and asked the police from the water. The second officer, a young woman drank some water, and according to the other, wiped also face.
15-year-old girl broke her femur. The leg has since had surgery three times, and it may still not completely fine.
Today, the 17-year-old saint paul girl was charged with a young person from a traffic safety violation. It he denied and claimed that I wasn’t speeding. Mopeds, too, had been accused before the collision shape, only the tail light should be dark.
Court had a different opinion. On Friday, by a decision of this court that the 17-year-old is guilty of a prosecutor to describe a criminal offence. He had driven clear of speeding, because the pace had been about 70 miles per hour.
”I Get a little panic”
the District court considered the case made reconstructions videos and concluded that the accused could not see the police car powerful with their lights.
stop instead of the accused ran away. However, it is not shown that the accused would have moped the sound more than hear of police manipulation.
the Girl was not convicted in a ditch while driving. It is possible that a pepper gas spray to affected his tiredness.
the Girl told the court she saw a ”dark car following him and by flashing its long headlights”. He had wondered why the car company, and as a result, he had ”gone a little panic”.
at a Later stage the accused was seen that the car pushed by hand, where there was a jar. Him was sprayed with something.
It started with a little sting. Because you wouldn’t no longer stay open, the girl stated to the court.
the Accused told me he had to run the trail with me, because she thought she could get through it faster away. Before the condition of the path he saw at times, but the path he was not seen again in front of him.
Tuned vehicle
17-year-old the reason for reading was also the fact that he drove a moped, which was improper.
Moped research expert according to the testimony of rear tire was in the middle of the smooth worn. The brake pads were out. The moped was in the power of the exhaust pipe, which increases the speed of 58-60 miles per hour. Restrictor removal head still 85 miles an hour.
the Young defendant’s actions would be in principle fine adaptable. The right to take into account, however, that the defendant received a serious injury. Criminal penalty in these circumstances would be unreasonable.
the Right to leave a young woman sentenced, even if he is guilty of an offence.
Police deny
the 34 – and 47-year-old police the men were both indicted officials of the breach of obligation. That they dispute.
Each senior officer considers that they had been in the situation of the right to use the OC spray.
the Selected force was necessary and its use defended. Moped driver, who was before the smokescreen warned.
a moped in front of could not run, because there was a risk that the moped rider should be different then any of the side of the road and get away. The car does not turn as fast. A moped could not to wedge the side of the road like a car.
”Used before,”
the Second police officer considers that the moped driver derailment occurred due to his eyesight sumenemisesta but excessive situational speed and the condition of the track being soft.
the District court said this, that the prosecutor argued atomization caused the derailment.
instead, the prosecutor considers that the gas fogging towards moving motorbike, which has no goggles and that helmet visor is in the up position, no minimum disadvantages of a line, defended on the force.
Spray the use is also not mentioned in the interior ministry of a moving vehicle stopping decree. That regulation allowed by the power means are the above driving, obstacle, wedged, caught driving, the vehicle threat, the acupressure mat, as well as barrier.
the Accused police officers claimed that the ministerial decree, despite the spraying would be allowed. The oulu police department is the same way stopped the moped before.
the Real danger
the Oulu district court, however, the prosecutor’s line. Gas nebulizer should not be used in moving the vehicle to the driver. The law does not allow it. Only the interior ministry regulation listed in the force are allowed force.
the Used force was not the minimum harm principle.
the District court found that the use of gas could have, at worst, lead to a moped driver’s immediate blinding. Moped rider could have been derailed, for example, into the oncoming lane. It was a public road.
a Moped driver resistance is in a situation to be so dangerous that the used force would have been based on defensible.
Intentional
the District court held that the police men act wasn’t it harmful and damaging to and other act-related considerations, on the whole, limited. Gas sprays were used twice.
Law, it is not a negligent performance of duty violation, but a deliberate act. Then the crime is the breach of discipline.
Both the police received 20 day fines, with the other accumulated paid 740 euros and another eur 520.
the Latest ruling is not the force of law, i.e. the parties may still try to appeal to the Rovaniemi court of appeal.
