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In court, as in life, everything can be turned upside down in an instant. Although for six years the plot seems clear: the death of the child is the fault of the mother who was driving the car, and it is she who must be judged.
The court acquitted the driver J. Jankauskienė, not least, it reminded him of an important detail in the material of this criminal case: after an important witness, the driver of the Audi Q7 himself verbally admitted his guilt for the accident, he was guilty of drive at such a high speed.
It should be remembered that this was the beginning of this resounding case: J. Jankauskienė and her husband, who lost their 10-year-old daughter in an accident, were recognized as victims.
Soon things began to change in the investigation.
Arūnas Puodys, the then Alytus County Police Officer, reported this to the public media and during questioning at a public court hearing. The policeman claimed that he had been forced to blame not the Vilnius businessman, the son of an influential resident of Alytus, but the grieving mother of a minor (it is true that the court did not specifically assess this circumstance in the ruling).
Coincidence: A.Puodis, who did not like the management, soon had to leave the service, at that time a cardinal turning point occurred in the pre-trial investigation: the driver of the Audi Q7 became only a witness, and J.Jankuskien, who was driving a Toyota Avensis car, was suspected.
Let’s go back to the acquittal announced in the Varėna Palace of the Alytus District Court on the first day of this winter, which forced the defendant’s wife to be swallowed with relief during the hearing.
By the way, Vaidas Jankauskas’ condition in the case is a “victim”; Typically, a person in this position attempts to prove the guilt of the accused together with the prosecution, requests the strictest punishment, and reasonably expects to award the highest possible compensation for property and moral damage. Everything was different in this story: V. Jankauskas fought hard for his wife’s innocence, being her mainstay at court and in life for the past six years.
The car accident was not the fault of the defendant, the court declared.
Judge Loreta Janiulytė evaluated the role of the accused as follows: “The court recognizes that in the present case, however, there are no objective and incontrovertible data that confirm that Jankauskienė’s actions contain indications of a crime of which she is accuses.
The court determined that Jurgita Jankauskienė had not violated the Traffic Rules while driving the car. He took all the necessary precautions not to endanger other road users, people, their property, and the environment. Before changing your address, make sure it is safe to do so. The accident was not the fault of the defendant. “
According to the court ruling, the driver J.Jankauskienė had the right to reasonably expect that other road users would be attentive, diligent and not exceed the permitted speed.
In search of an answer as to whether J.Jankauskienė, the guilty or innocent driver, the court did a tremendous job, which in this case also had a very useful side effect: the role of another powerful driver of the Audi Q7 SUV became clear. The judge spoke boldly and categorically about this in the same acquittal.
“Even before the traffic accident, the Audi driver was maneuvering dangerously on the Vilnius highway. Witnesses unanimously confirmed that the driving style chosen by the joint venture and the speed limit were exceeded and were not safe. Before changing lanes or direction, the driver must ensure that it is safe to do so. The traffic on that section of the road at the time was extremely heavy and difficult.
When Jankauskienė started showing a left turn signal, all the cars driving in the column started to stop, because the drivers saw that this car would turn left. At that time, the driver of the Audi Q7 was driving at high speed during a flexing maneuver of the car’s spine. By this time, Jankauskienė had already reorganized and crossed the axis. In the current situation, Jankauskienė could not have predicted that the Audi car at the end of the column, when all the cars in the column began to brake and slow down, it would suddenly go into the lane of traffic approaching at high speed and turn the entire column at high speed, ”the court announced.
The minor passenger in the latter’s car was killed in the Audi Q7 colliding with a rotating Toyota.
The driving style chosen by the driver of the Audi Q7 and exceeding the speed limit were unsafe and very risky.
Gediminas Milevičius, a lawyer who previously defended the defendant in this case, said almost two years ago that J. Jankauskiene had to be tried for a false opinion unfavorable to her (see the video below). In the video material with the comment of this lawyer you can see (in the recording of 3.05 min.) And a kind of staging of the emergency situation – an explanation was filmed in the place of the real event.
The judge, who read and interpreted the judgment for more than half an hour, announced in the case that he had issued an additional and final judgment: the court decided to inform the Attorney General of the Alytus District Prosecutor’s Office of the Kaunas Regional Prosecutor’s Office.
As is known, there is a presumption of innocence in Lithuania, which establishes that the Audi driver is currently innocent due to an unfortunate accident, a person can be recognized for having committed a crime only by a final judicial decision.
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