Published by Nina Sjælens Univers, Journalist at En Stemme For Folket on Saturday 12/9 - year 2020 at 3:35 AM
Lawyer on Phillip Grosen´s case: In fact, the guilty can still be punished, up to 10 years in prison
In the year 2016, Phillip Grosen was assaulted, where he was kicked in the head and in his back up to several times and unfortunately left disabled and without any kind of help or rehabilitation.
Today, his life is primarily indoors as he suffers from chronic pain, many seizures, mobility issues as well as severe disabilities.
En Stemme For Folket (A Voice For The People) has obtained a lawyer who could comment on Phillip Grosen's case.
I, Nina Sjælens Univers have asked the lawyer the following questions, which are inserted in the lawyer's answer and further down, you can read the lawyer's answer.
The lawyer's answer comes here:
"Hey Nina.
Here you have my comments regarding. Phillip case:
What is your overall legal assessment of Phillip Grosen's case based on the 6 published articles that have been published by En Stemme For Folket (A Voice For The People) ?
My overall assessment of the case is as follows.
I find Phillip's case extremely appalling.
Philip is assaulted in 2016.
Phillip ends up disabled after the episode and does not receive rehab. The purpose of rehabilitation is that Phillip can return to everyday life in the best possible way. Cf. Section 86 (2) of the Service Act, the municipality has a duty to provide Philip with the necessary maintenance training.
This has not been the case for Phillip.
It is a fact that the injured person has halved his weight and the muscle mass has shrunk. Clear signs of zero rehabilitation.
It can be documented that the neurologist who has followed Phillip has stated that if the victim had received rehabilitation, he would most likely be able to walk again.
At the moment Phillip is in a wheelchair and after the municipality has deprived him of his right to a disability scooter Cf. Section 112 of the Service Act, Philip is now most bedridden due to severe seizures, as too much movement triggers these seizures.
The victim is the father of children living at home and is also married. Of course, Phillip's wife is a part of his and the children's everyday life. The victim's spouse must not be subjected to additional strain in relation to being a wife and mother than before the assault. This is the case here.
Due to missing scooter, Phillip cannot be the father of their children. He can not play and go for walks with the children, as it triggers prolonged seizures as mentioned before.
It is to that extent contrary to the Constitution, as the Constitution protects human rights including, personal freedom.
As stated in the Parental Responsibility Act, children have the right to their parents.
Just like children's right is to be looked after.
All applicable legislation in this area has therefore been violated in accordance with the Constitution.
The perpetrators bore clear signs of fighting on their hands. Phillip bore clear signs of being the victim here. Having visible injuries to his face. Phillip had no injuries to his hands, indicating that he has not made use of his right, section 13 of the Criminal Code, emergency defense.
I can only agree with the injured party's lawyer's claim that section 245 of the Penal Code should have entered into force here.
Which is a sentence of up to 6 years in prison.
Doctors say that if Phillip had been kicked or punched more, he would have been dead.
Which section 146 of the Penal Code had then applied.
In fact, the perpetrators can still be punished in accordance with section 146 of the Criminal Code, as these are such aggravated circumstances, as the aggrieved party has become not just partially but severely disabled.
That penalty is up to 10 years in prison."
Is it legal to take a disability scooter from a disabled man when the case is with the National Board of Appeal?
"Yes, it is legal. If the Appeals Board assesses that the municipality is wrong about it, Phillip's complaint will be forwarded with a view to making another decision or reconsidering the case. The municipality can then uphold its decision, but Phillip can also appeal again.
The municipality knows that the case processing time at the National Board of Appeal is incredibly long and benefits from this - all the while Philip is only getting worse and worse.
It is to the extent of neglect that degrades his quality of life and is extremely destructive to his family as well."
Is the municipality of Syddjurs responsible for the fact that Phillip's health condition has deteriorated sharply with seizures after he has been deprived of his disability scooter?
"Yes, I will dare to say that. It has only gone downhill for Phillip after the municipality has deprived his scooter. The municipality has granted Phillip a scooter in accordance with the Service Act section 113 paragraph 5. They have made it a consumer good as they considers that otherwise Phillip cannot take care of the children as his spouse is hospitalized due to his pregnancy. Phillip should have had his disability scooter with legal authority in the Service Act section 112, (1 and 2.) - since he has permanent physical and mental injuries after assault in 2016. "
Shouldent this case have been to court, when one knows who the perpetrators are?
"Absolutely.
It is a mystery to me why the prosecution has decided to drop the charges of the accused.
Furthermore, it makes no sense at all that when new evidence emerges that the case is not resumed by the prosecution, but is dismissed - without it even coming before a judge.
Victims have not been heard at all despite numerous documents."
- Anonymous lawyer.
The lawyer who speaks for En Stemme For Folket (In english: A Voice for the People) is anonymous.
Phillip Grosen's own lawyer has also previously stated the following, as I have quoted in a previous article:
"It is claimed that the Public Prosecutor reverses the decision as new evidence has come to light, which is of crucial importance to the case because there are several indications and objective damages which point in the direction that the two accused are guilty of violence under the Penal Code §245 , cf. §23, in the alternative §244 of the Criminal Code, cf. §23 and causing danger, cf. §252 of the Criminal Code. "
"My client has suffered irreparable neurological damage due to the violence he has been subjected to, and this part can be documented through a myriad of medical records."
- Phillip Grosen´s personal lawyer.
Here you can see pictures of Phillip Grosen from before the assault:
Weight: 115 kilo
Pictures of Phillip Grosen 4 years after the assault left completely without any kind of help or rehabilitation
Weight: 60 kilo
This is Phillips life now as disable, he has been disable since the assault.
You can read more here about Phillip Grosen's case, including the aggravated assault he was subjected to that made him disabled in 2016.
Here are some of the published articles that I have published regarding. Phillip´s case in english
More of the danish articles will soon be translated,
MAN ASSAULTED AND LEFT AS DISABLED WITHOUT ANY FORM OF HELP OR RECOVERY IN DENMARK
Doctor to the assaulted man: "If you had gotten one more punch or kick, you would have been dead"
THE ASSAULTED DISABLED MAN HAS NOW GOT TAKEN HIS DISABILITY SCOOTER OF THE MUNICIPALITY
PHILLIP GROSEN GETS VIOLENT SEIZURES AFTER SYDDJURS MUNICIPALITY TAKES HIS DISABILITY SCOOTER
Home nurses from Syddjurs municipality ordered not to help Phillip Grosen, who is disabled
THE DISABLED WAS ALMOST STRANGLED IN SEIZURE - HOME CARE: I DIDN'T KNOW WHAT TO DO
Copyright: Nina Sjælens Univers
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From Nina Sjælens Univers, Journalist at En Stemme For Folket.
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