A Polish truck driver and transport company were acquitted after 67 piglets died from overheating during transport in Denmark in 2020. The Court in Kolding ruled no rules were broken, prompting politicians to call for urgent changes to animal welfare legislation that critics say has a massive loophole.
Court Rules No Negligence Despite Mass Deaths
On Monday, a court verdict shocked animal welfare advocates across Denmark. A case dating back to 2020 concluded with the acquittal of both a truck driver and his transport company, despite 67 piglets dying from overheating during what should have been a routine transport.
The driver was transporting 680 piglets from Skanderborg to Egtved early one September morning. The journey ended in tragedy when experts determined that 67 of the animals died from overheating, circulatory collapse, and shock. Some were found dead upon arrival, while others had to be immediately euthanized.
The Court in Kolding found that it was not proven the driver had acted contrary to rules or standard practice in the industry. Both the driver and the transport company had been charged with grossly irresponsible treatment amounting to abuse.
Temperature Reached Critical Levels
During the trial, evidence showed that the temperature on one of the truck’s five decks reached 38.4 degrees Celsius during loading. This is well above the critical threshold for pigs, which cannot sweat and begin experiencing severe distress at temperatures above 28.9 degrees.
The Danish Veterinary Health Council provided expert testimony explaining that such temperatures are dangerous for pigs. Despite this, the defense argued successfully that all regulations had been followed.
Niels Christian Strauss, the driver’s attorney, maintained his client’s innocence throughout the proceedings. He stated that while the pigs were warm, every rule was followed. He argued that punishment cannot be applied when no specific violation has been identified.
No Maximum Temperature for Short Journeys
A key element in the acquittal centered on the absence of a legally mandated maximum temperature for transport journeys under eight hours. According to EU regulations, vehicles transporting pigs should maintain temperatures between five and 30 degrees Celsius, with a tolerance of five degrees. In reality, this means temperatures can legally reach 35 degrees.
However, the Court in Kolding determined that for transports under eight hours, there is no legally binding maximum temperature requirement. This interpretation of the law became central to the defense’s case.
Animal Welfare Organization Calls It a Massive Loophole
Ditte Erichsen, a veterinarian with Dyrenes Beskyttelse who followed the trial closely, expressed complete shock at the outcome. She described feeling stunned that such a case could occur in Denmark, where 67 pigs died from oxygen deprivation and overheating because ventilation aboard the vehicle was inadequate.
If this represents the current state of the law, Dyrenes Beskyttelse argues there is a massive hole in legislation. The organization points out that no one could be held responsible despite clear evidence of animal suffering and death.
Erichsen emphasized that the ventilation system on the transport vehicle was insufficient for the conditions. She believes this case reveals fundamental flaws in how animal transport is regulated and supervised.
Research Shows Sensor Problems
Adding to concerns about transport conditions, research from Aarhus University has demonstrated that temperature sensors in approved vehicles for pig transport do not always measure the actual temperature experienced by the animals. This finding raises questions about whether current monitoring systems adequately protect animal welfare during transport.
Politicians Demand Action
The acquittal has sparked immediate political reaction. Multiple politicians have announced plans to address what they see as serious gaps in animal welfare legislation.
Pia Kjærsgaard, animal welfare spokesperson for Dansk Folkeparti, said she will raise the matter with Food and Agriculture Minister Jacob Jensen. If the legislation is truly this inadequate, she believes Parliament must examine it. She stated firmly that the current situation is unacceptable.
Søren Egge Rasmussen, representing Enhedslisten on animal welfare issues, wants broader tightening of regulations in this area. He said there are many issues requiring attention, and transport is among them.
Call for Legislative Review
Helene Brydensholt from Alternativet and Claus Jørgensen from SF both plan to take up the case with the minister. Brydensholt acknowledged the court’s ruling but suggested something must be missing in the legislation itself.
Jørgensen commented that if regulations do not apply to transports under eight hours, that situation needs fixing. He emphasized the need for clear rules that protect animals regardless of journey length. The debate over pig welfare regulations continues to intensify.
Prosecutor Considers Appeal
Special prosecutor Pernille Moesborg had requested 60 days of conditional imprisonment for the driver and a fine of at least 50,000 kroner for the transport company. She is now considering whether to appeal the verdict.
The prosecution’s case centered on the argument that the driver failed to take necessary action despite clear signs of distress among the animals. The lack of adequate ventilation, failure to take breaks, and absence of response to agitation among the pigs formed the basis of the abuse charges.
Minister Emphasizes EU Priorities
Food, Agriculture and Fisheries Minister Jacob Jensen declined to comment on the specific case. However, he issued a written statement emphasizing that animal welfare is a clear priority for his ministry.
Jensen stated that animals must be transported under proper conditions. He highlighted Denmark’s use of its EU presidency to push for progress in negotiations on proposals for protecting animals during transport.
According to the minister, it is crucial that Denmark continues pressing for higher ambition levels within the EU on this issue. He stressed that the question involves not only how long animals are transported but also how they are transported. Denmark has therefore worked toward better space conditions and strengthened training for operators who handle animals.
Sources and References
The Danish Dream: Danish Pig Welfare U-Turn Sparks Outrage
The Danish Dream: Best Lawyer in Denmark for Foreigners
DR: 67 smågrise døde af overophedning, men chauffør blev frifundet. Nu vil politikere kigge på loven
