The District Court for Warsaw-Żoliborz has issued a verdict in the 2017 tragedy where 16-year-old Magda died under the wheels of a car. The cause of the accident was an unfinished section of a bicycle path in Park Stawy Kellera. The construction manager and the investor's supervision inspector were convicted for negligence. The other defendants, including the former mayor of Bielany district and his deputy, were acquitted of the charges brought against them.
Verdicts for Negligence
The construction manager and supervision inspector received sentences of 1 year in prison suspended for 3 years.
Acquittal of Local Government Officials
The former mayor of Bielany and his deputy were acquitted of charges of failing to perform their duties.
Lengthy Trial
The case concerns an accident from March 2017, and the court trial lasted from autumn 2022.
Nearly nine years after the tragic accident in Warsaw's Park Stawy Kellera, the justice system has resolved the issue of responsibility for the death of 16-year-old Magda. The incident occurred on March 31, 2017, when the teenager, rollerblading down a steep alley, hit a strip of unpaved ground. The lack of surface continuity caused the girl to fall directly under an oncoming Volkswagen car. The court found that Tomasz G., the supervision inspector, and Waldemar W., the construction manager, were responsible for the state of the infrastructure. Both were sentenced to one year of imprisonment suspended for three years. In Polish criminal law, responsibility for safety on a construction site rests primarily with the construction manager and the supervision inspector, which directly results from the provisions of the Construction Law Act.The trial, which lasted from September 2022, also saw local government officials in the dock. The prosecution accused the former mayor of Bielany, Tomasz Mencina, and his deputy of failing to perform their official duties. However, the court did not share this argument and acquitted the officials, pointing to the lack of a direct link between their decisions and the accident. Concurrently, in Białystok, another proceeding is underway concerning the death of a teenager during a school altercation, where the victim's parents are challenging the current lenient sentence of 10 months in prison suspended for the perpetrator of the blow. „The unfinished section of the bicycle path posed a real threat to users, for which the persons supervising the investment bear direct responsibility.” — District Court for Warsaw-ŻoliborzThe verdict concerning the Bielany tragedy is not final. The family of the deceased Magda has been fighting for justice for years, emphasizing that the ill-fated route was a death trap. The defense of the convicted individuals announced they will analyze the justification for a possible appeal, which could further prolong the court proceedings in this extremely painful case for the local community.
Mentioned People
- Tomasz Mencina — Former mayor of Bielany district, acquitted in the trial concerning the rollerblader's death.
- Tomasz G. — Investor's supervision inspector sentenced to one year in prison suspended.
- Waldemar W. — Construction manager convicted for negligence on the unfinished bicycle path.