with videoThe driver of a tractor killed a swan in the middle of the road on Saturday. The family, who have known the animal for years, filmed how, to their horror, the tractor drove over the swan at full throttle, leaving the animal dead. The family has decided not to press charges, but can the driver still expect punishment?
The circulating video shows the driver of a tractor driving straight towards a swan in Rossum. The swan sits in the middle of the road and stays there. Instead of stopping, the driver drives over the animal at full throttle.
He continues on his way and leaves the swan dead.
“We have had a couple of swans breeding in the ditch for years,” said Henry van den Dungen, a resident of Rossum. He saw the fatal collision and posted the video online. The family looks forward to the swans’ return every year because they always have chicks. “But after today this will probably be over. Unfortunately, the female was run over by a tractor today.”
Swan was tame
The family has built a bond with the animals in the eight years since the swan couple has been returning. “They are quite tame.” Perhaps that explains how calmly the swan stood on the road. The video shows the swan standing stock still on the road. “Not convenient, but it is an animal.”
According to Den Dungen, the driver of the tractor did not slow down or swerve to avoid the fatal accident. “The driver also passes by there at least twice a day, so he certainly saw that there were swans,” he says. “He also did not stop afterwards to see if the swan was still alive.”
No report, what now?
The family has decided not to press charges. But deliberately killing an animal can certainly be a punishable offense, as comparable cases show. In Friesland, for example, two sisters were convicted of deliberately killing a sick chicken.
The judge found that they were guilty of animal abuse. They wanted to put the animal out of its misery and decided to kill it. Ultimately, they were not punished, because the judge found that their intention was good.
We do not know at this time what the driver’s intention was. But driving after a collision with an animal is prohibited by law. It sounds logical, but not every motorist stops after such a collision. If this happens, you are obliged to call the police. This ensures that a nature manager or animal ambulance locates the injured animal or removes the dead animal. The chance that a hit animal will survive is very small. You are not allowed to take dead game home with you, that is also a punishable offense.
Still prosecuted?
There is therefore a very good chance that the tractor driver who hit the swan will be punished. But the question is whether he will also be prosecuted. A spokesperson for the East Netherlands police said that the video has not yet been seen. However, the case can be taken up, even if the family does not file a report.
“In principle, anyone can inform us of this. If a citizen sends us the video with a suspicion who the perpetrator is and where it happened, we can decide to take up the case. It is simply a crime to deliberately kill an animal or to continue driving after a collision.”
The spokesperson said that the police can also decide to investigate ‘when the images come to us’. At the moment that has not happened yet.
Remaining male
While cleaning up the dead swan, the family discovered that the female was also carrying some eggs. One had already been laid, the male is now breeding on it.
This swan also collided with a road user, but survived:
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