As reported by Świdnica24, the case began in the spring of 2020, when a farmer caused massive bee poisoning due to improper use of insecticides. The convict did perform the procedure in accordance with art (i.e. at night, after the bee infestation ceased), but the preparation he used, containing the active substance – dimethoate, was not approved for use in blooming rapeseed cultivation.
– When bees landed on rapeseed flowers in the morning, the substance stuck and immediately caused neurological effects. Some of the dimethoate entered the gastrointestinal tract along with pollen. Some bees died in the field, and those that managed to fly to the hive were killed by other bees, protecting sick individuals from accessing the entire family. Eventually, there was contact and they all died. In total, 7.5 million bees lost their lives after this spraying, described district prosecutor Marek Rusin, quoted by the portal.
The farmer faced draconian punishment
The beekeepers' losses turned out to be huge. 245 bee families from 8 apiaries in Modliszów, Pogorzała and Witoszów died. The damage suffered by the owners of the destroyed apiaries was estimated at PLN 560,000.
– But it's not just about money. We charged the farmer with causing a local ecological disaster. The ecosystem was destroyed, because not only bees suffered, Rusin emphasized. In May 2021, investigators submitted an indictment to the District Court against the farmer, who was liable to a penalty of one to 10 years in prison for the alleged acts. The prosecutor's office also secured his assets up to PLN 560,000. zlotys.
The Świdnica23 portal reported that the verdict in this case was passed on Tuesday, July 23. The District Court in Świdnica found Andrzej L. guilty of the crime of causing significant damage to nature and destroying other people's property of significant value.
– For this he was sentenced to 1 year of imprisonment, conditionally suspending the sentence for a period of 2 years. The court also ordered compensation in the amount of PLN 5,000. PLN for the benefit of injured persons, as well as PLN 10,000. PLN compensation for the National Fund for Environmental Protection and Water Management. The court also ordered that the content of the judgment – after it becomes final – be made public by publishing it on the Swidnica24.pl website. The farmer will also have to cover court costs, we read.
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The mildest possible punishment
– The court imposed the mildest penalty for the accused, i.e. one year of imprisonment, sharing the prosecutor's opinion that it was not about punishment, but about finding guilt. Indeed, this is not about putting L. in prison to watch flying bees from behind bars. The point is that he, as well as other farmers, know that they cannot act in this way. The court did not agree with the prosecutor's opinion that there were no grounds for conditionally suspending the execution of the sentence, because he had no criminal record and was a farmer of good reputation. Let him work for the glory of his homeland and himself, but not in the way he demonstrated in 2020 – explained judge Mariusz Górski, quoted by the portal.
As he stated, due to the lack of precise calculations regarding the losses incurred by the owners of apiaries and only approximate values, damages were awarded to the injured parties only of PLN 5,000. PLN, and noted that the injured parties themselves would be able to apply for compensation in civil proceedings.
– Making the content of the judgment public is by all means appropriate, especially in our area. It cannot be that a farmer does whatever he likes, regardless of whether it will cause harm or not. It seems that Mr. L. decided that his farm and its benefits are the most important, and if something happens to the bees, too bad. While spraying, other farmers were able to talk to neighboring farmers, but Mr. L. did not take advantage of this opportunity. You must bear the consequences of your irresponsible actions. If we act like Mr. L., in a few years there will be no pollinators and there will be nothing – said Judge Górski.
The judgment is not final
The farmer's lawyers asked for his acquittal, while the prosecutor's office demanded a one-year prison sentence for Andrzej L. and the obligation to compensate for the damage caused.
– We are satisfied that the court found the accused guilty. The case is a precedent and there have been very few such cases in Poland. We will consider the amount of the basic penalty. After analyzing this judgment, we will decide whether we will appeal or not, commented prosecutor Rusin.
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