A couple from Dietlikon had filed a complaint against a neighbor for cruelty to animals through negligence. He criticized him for not having properly covered his swimming pool, thus leading to the death of the couple's cat, in February 2021. The animal in fact drowned in the approximately 60 cm of water that remained at the bottom of the pool. Defining themselves as particularly attached to this animal, the couple demanded compensation of 18,000 francs.
The accused, who appeared in court on Thursday in Bülach, first said he was “sorry for what happened”, but that he could not expect this cat to fall into his swimming pool, especially since his house is not located right next to that of the couple. Questioned by the judge, he then explained that he did have a covering system for his swimming pool, but that he did not use it in the event of a snowstorm or rain. However, it is impossible for this 62-year-old man to remember the weather at the time of the events.
Considering that the defendant had failed to adequately secure the swimming pool located on his land, the Public Prosecutor's Office requested, for its part, a sentence of 30 days fine of 360 francs, with a two-year suspended sentence. As for the defense, it pleaded for acquittal, arguing that: “There is no legal obligation to secure or cover a swimming pool.” The lawyer also recalls that the swimming pool was built in 1971, in compliance with the legal standards of the time.
The Court finally ruled in favor of the defense and acquitted the 62-year-old from Zurich. The judge held that, as no cat had drowned in his swimming pool in previous decades, the owner could not have expected it. Thus, “there is no punishable behavior”, decides the Court.
