In Aktobe, a high-profile trial has concluded over a fatal accident on the Samara – Shymkent highway, in which four people died, including three children. A jury trial acquitted the truck driver Ramazan Infurov, ruling that his guilt in the road traffic accident (RTA) had not been proven.
HOW THE FATAL ACCIDENT HAPPENED
According to the Telegram channel «HALYQSTAN», the tragedy occurred on the evening of 21 February 2023 at the 921st kilometre of the Samara – Shymkent highway.
According to the case files, the Volvo lorry driven by Ramazan Infurov collided with a Mitsubishi Montero Sport off-road vehicle.
As a result of the RTA, a 31-year-old man and his two young children, who were in the car, died. Another child later died in hospital. The car was being driven by the deceased man's 32-year-old wife, who survived.
WHY THE CAR DRIVER WAS INITIALLY TRIED
Initially, charges under Part 4 of Article 345 of the Criminal Code of the Republic of Kazakhstan (“Violation of traffic rules or operation of vehicles by persons driving vehicles”) were brought against the woman who was driving the off-road vehicle.
She pleaded not guilty. According to her, the lorry, which was overtaking a tanker truck in the oncoming lane, forced her to brake sharply. After braking, the car skidded and the collision occurred.
The court found no indisputable evidence of her guilt and acquitted the woman.
WHY THE TRUCK DRIVER WAS CHARGED
After the acquittal, the lorry driver Ramazan Infurov was charged under the same article.
He also denied guilt and claimed that he had completed his overtaking manoeuvre and returned to his lane when the off-road vehicle skidded into the oncoming side.
The case was heard with a jury. The defence argued that there was no evidence of the driver's guilt.
Furthermore, the court noted that the criminal proceedings had been terminated four times before the case was sent to court, and that part of the investigation materials coincided with the materials of the case against the previously acquitted woman.
WHAT DECISION DID THE COURT REACH
Following the proceedings, the court acquitted Ramazan Infurov due to the absence of a criminal offence.
The court also:
- recognised his right to compensation for harm in connection with his unlawful criminal prosecution;
- ordered his immediate release from custody;
- revoked the preventive measure of detention.
The civil claim of the injured party for 50 million tenge was left unexamined by the court.
WHAT VIOLATIONS WERE FOUND IN THE INVESTIGATION
The presiding judge, Ismailova, issued a special ruling, drawing the attention of the prosecutor and the head of the police department of Aktobe region to violations of criminal procedural legislation committed during the investigation.
The parties have 15 days to file an appeal.