Ibiza video trial

Scheuba found guilty of defamation

His texts in the "Standard" have consequences: Cabaret artist Florian Scheuba was found guilty - not legally binding - of defamation on Tuesday. The case was brought against the head of the Federal Criminal Police Office in the wake of the Ibiza scandal.

The controversial quotes were published in September 2021 in the "Standard" newspaper, for which Scheuba is a columnist. Scheuba accused BKA chief Andreas Holzer, who was head of the so-called Soko Tape at the time, of failing to act.

Third trial already
Holzer went to court. Scheuba was actually acquitted in June 2022, but Holzer appealed - the case was then referred back to the court of first instance, the Regional Court for Criminal Matters, by the Higher Regional Court.

The verdict there was now different: Scheuba is to pay 7000 euros, the guilty verdict is for defamation. Scheuba would have to pay half of the fine. However, this verdict is not legally binding either.

"Photos of a bulging cash bag"
In September 2021, Scheuba had claimed that Holzer had already been "presented with various incriminating material about Heinz-Christian Strache in March 2015 by the future video producers, including photos of the bulging cash bag in Strache's trunk".

"Serious refusal to work"
Holzer had only created an "incomplete file note", which Scheuba described as "puzzling inactivity" and a "serious refusal to work".

Judge saw no "satire"
Scheuba's defense was always "political satire". He sees the latest verdict as a "massive restriction of freedom of the press and freedom of opinion".

The fact that the Higher Regional Court considered the incriminated allegations to be factual and did not see the text as satire probably contributed significantly to the guilty verdict.

Incidentally, presiding judge Nicole Baczak had also rejected an application for recusal. Scheuba had mentioned her role in an ÖVP-affiliated ÖH parliamentary group in a podcast. His defense lawyer Maria Windhager said that the judge had felt "personally attacked" by this.

But we will also go to the Supreme Court and, if necessary, to Strasbourg.

Scheuba-Anwältin Maria Windhager

"I am not biased, otherwise I would say so and save myself the trial," countered the presiding judge on Tuesday. On the other hand, she suspected that Scheuba brought up her past "because you apparently want to create the image yourself that I am biased".