Appeal Dismissed in Negligent Harm Case Over Rope-Crossing Fall

The court dismissed an appeal seeking the referral of charges for negligent bodily harm following an accident where an individual fell from a 5.65-meter platform during a rope-crossing activity. The initial investigation was discontinued because the precise cause of the fall could not be conclusively established, leaving open two possibilities: either the unintended opening of a standard carabiner (which expert opinion suggested was highly improbable given the setup and the lack of mandatory legal prescription for safety carabiners) or the injured party jumping without being properly attached to the rope, a possibility further supported by the lack of certainty regarding the injured party's own actions or verification of the attachment. The court reasoned that since the investigation failed to establish with sufficient certainty that the accused breached a legally binding duty of care, a conviction was highly unlikely, thus justifying the initial discontinuation of the proceedings.