In its police report, the Danish Veterinary and Food Administration had placed considerable emphasis on the fact that the farmer had remained silent in response to a hearing via e-boks.
The prosecution has just announced that claims for disqualification from rights and imprisonment have been dropped. For an extended period, a farmer has been prosecuted with claims for deprivation of liberty and disqualification from the right to engage in pig farming. The claims have now been dropped. According to the prosecution, he had violated a number of rules in Danish regulations based on EU rules. Among other things, rules for the killing of pigs had been disregarded.
The Danish Veterinary and Food Administration’s description in the police report did not mince words. It was emphasized that the farmer had not responded to a hearing in e-boks, which substantiated his guilt. His silence in response to the hearing was considered an important element in filing a police report with emphasis. Therefore, the prosecution could do nothing other than make claims for ultimate sanctions – disqualification from rights and imprisonment, which are now dropped.
According to Sønderby Legal, it is contrary to the EU legal principle of the rule of law to file a police report based on a presumption of guilt. Solid evidence is required. The accused is innocent until proven otherwise, and the administration must manage accordingly. This applies regardless of whether a company does not respond adequately at the time of inspection or in e-boks. Silence cannot convict. But that does not change the fact that hearings must be taken seriously. According to the law firm, the case demonstrates this. The farmer got away with a scare after a year and a half with the claims hanging over his head. Remaining in the case are now other minor matters regarding alleged fines, which have not been concluded.