On Friday, the Kaunas Chamber of the Kaunas District Court annulled the police decision by which G. Filipavičius was punished.
Judge Alvydas Rimkevičius announced that the article of administrative offense charged by the police against G. Filipavičius provides for responsibility for shouting, whistling, loud singing, playing musical instruments in streets, squares, parks and other public places.
“G. Filipavičius’ forestry work with an excavator does not fall within the scope of the above-mentioned activities, as this activity cannot be considered playing or classified as other noisy activities, such as loud music. It cannot be considered a noisy act that would disturb the peace, rest and work of individuals, because its purpose is the performance of a specific economic activity and not the spread of noise,” the court announced.
According to the judge, the police could have evaluated the actions of G. Filipavičius according to another article of the Code of Administrative Offenses, related to the management and violation of the Law on Noise Management.
The decision of the Kaunas district court can still be appealed.
The police accused the man of the fact that last year, on August 27, in Kaunas district, Karmėlava ward, G. Filipavičius was working with a mini-excavator right next to an apartment building, causing vibration and noise, thus potentially disturbing the peace and rest of the people living nearby.
In this administrative case, as in the criminal case, the court had appointed an inpatient psychiatric examination. As it was announced during the hearing, she found that G. Filipavičius could and can understand and control his actions and can be questioned.
G. Filipavičius wrote in the complaint that he does not agree with the police penalty, only that one woman was hostile to his work, other persons did not write complaints, so he is asking for the police decision to be annulled.
The man told the court that at the time of the events mentioned in the case, he was working with a rented excavator and leveling the surface of the plot, as it was crooked and uneven.
According to G. Filipavičius, the excavator he rented was small, with a power of 7.5 kW.
G. Filipavičius said that he was working on a plot of land owned by him, a project for a road was prepared, he wanted to install a passage through the plot lengthwise, so he cut down the trees in the forest, the forest is his property, he had received permission to cut the forest.
He said he only worked for two days and didn’t manage to do everything. The man believes that where the woman who wrote the complaint lives, she shouldn’t have heard the noise, she couldn’t have disturbed him.
At that time, the woman who contacted the police because of the noise, believes that G. Filipavičius was justly punished.
“It is wrong to say that the sound is weak – if the sound was not loud, the crowd would not have stood. After all, in the morning you have to get up for work, children to school. The police had come, they said until when you can work, but he did not respond. I had approached him, he said go you (expletive)”, the resident of Karmėlava told the court.
During the meeting, a video taken by the aforementioned resident of Karmėlava was also viewed. It shows a small excavator working in the forest, constantly going back and forth.
ELTA reminds that the Kaunas District Court had received a total of three complaints regarding the punishments given to G. Filipavičius by the police during conflicts with neighbors. In one case, his complaint about a fine of 80 euros was rejected and this ruling came into effect. In this case, he was punished for disturbing the public order, when last year, on the evening of August 26, around 7:30 p.m., he was digging up stumps with a tractor in Karmėlava, thus disturbing the rest and peace of the surrounding residents.
On June 14, the Kaunas Chamber of the Kaunas District Court upheld the police decision to fine G. Filipavičius 85 euros for a minor violation of public order.
“In the case, it is indisputably established that the applicant Gediminas Filipavičius, at the time specified in the administrative indictment, blurted out obscene words to the victim, insulted her, the person’s actions were sufficiently intense, lasted for some time, the people around him felt uncomfortable and shocked, thus public order and people’s seriousness were violated.” – stated in the court order.
Suspect of abducting a girl
ELTA reminds that in January, the police managed to find a missing girl in Kaunas, for which a large force of volunteers and officers was mobilized.
The suspected 42-year-old kidnapper G. Filipavičius kept the girl in the garage, where the kidnapper was arrested. The man was arrested by “Aro” officers. Police were initially informed that the suspect might be armed, but the man did not have a weapon at the time of his arrest.
The found girl was taken to Kaunas clinics for examination, and later handed over to her parents. According to the police, the girl may have suffered injuries.
G. Filipavičius, who was brought to the Kaunas district court in February for another case, said that he did not want to kidnap the girl in Kaunas.
“I didn’t want to rob, accidentally,” G. Filipavičius said then.
The man, when asked if the little girl asked to let her go, said that the girl asked for it, but that “it was a complicated” situation and he couldn’t let her go, even though he wanted to.
“It was a difficult situation, there were many people around,” said G. Filipavičius.
2024-09-01 13:25:38