Hammer verdict
Kurz in court: the verdict is due today
Former Federal Chancellor Sebastian Kurz (ÖVP) has been found guilty in the false statement trial and sentenced to eight months' conditional imprisonment! His former head of cabinet Bernhard Bonelli received a conditional prison sentence of six months for the same offense. The defense intends to appeal. This means that the sentences are not final.
There were also acquittals on certain points, such as the appointment to the management board of the state holding company ÖBAG. The custodial sentences will be suspended after a probationary period of three years.
Judge to Kurz: "You played down your role"
Judge Michael Radasztics justified the verdict with the following words, among others: "You can't say that if seven witnesses testify for one defendant and one against, then you add them up like in a soccer match." In the direction of the main defendant, the judge said: "You played down your actual role in the appointment of the ÖBAG supervisory board and also how much you were involved. You gave false testimony."
With regard to the argument repeatedly put forward by the defense that there was a lack of testimony, the judge explained that although the supervisory board members questioned had all testified to the same thing, "you don't know what other people discussed beforehand, so their statements should be treated with caution".
Why exactly Kurz was convicted
The guilty verdict for former Federal Chancellor Sebastian Kurz relates specifically to the appointment to the supervisory board of the state holding company ÖBAG. Kurz had been questioned about his involvement in this in the U Committee. Both he and Bernhard Bonelli had played down his involvement - primarily with the argument that the candidates favored by Kurz, such as the entrepreneur Sigi Wolf, had not been appointed anyway. Nevertheless, the court was of the opinion that Kurz had falsely given the impression that he had not been involved and did not convict him of making false statements.
Schmid's status as a key witness "not yet established"
The judge found the statements of the main prosecution witness Thomas Schmid to be credible in their entirety. He had never appeased his own actions, "and you cannot accuse him of wanting to harm Kurz at all costs." The questioning of the two Russians would not have damaged his credibility either. Schmid's application for leniency is "not yet through".
The trial day to read up on:
"Off to Moscow"
Before the judge found the former chancellor "guilty" or "not guilty" of making false statements, there was still a packed program to complete in the large jury courtroom on Friday - the judge opened the first point, the questioning of the second Russian witness, with the words: "Off to Moscow!" During the questioning of the Russian, however, the interpreter presumably weakened ...
This was the punishment demanded by the public prosecutor
Later, the public prosecutor's office caused a stir with its request to question Kurz's lawyer Otto Dietrich as a witness. They saw a "deliberately set trap" for Schmid. After some back and forth, however, the motion was withdrawn. After the end of the evidentiary proceedings, the prosecutors held their closing arguments. "Rarely has a case of false testimony been so clear-cut," explained public prosecutor Gregor Adamovic. The prosecution's demand: a twelve to 15-month conditional prison sentence, plus an unconditional fine so that Kurz would also feel the sanctions.
Defense lawyer: "If everything is so clear, why 27 witnesses?"
Kurz's defense attorney Otto Dietrich accused the public prosecutor's office of holding their own interpretation against their client. However, the former chancellor had not given false testimony in the investigating committee. Bonelli's lawyer asked the two public prosecutors the following question: "If everything is so clear, why do you need 26 months for the evidentiary proceedings? If everything is so clear, why do you need 27 witnesses? If everything is clear, why do you need a 108-page criminal complaint?"
Kurz trial: what has happened so far
What have been the turning points in the trial against the former chancellor so far?
Schmid incriminates Kurz
On the fifth day of the trial, Schmid came into the large jury courtroom in Vienna's Landl district for the first time. The key figure in many investigations surrounding the ÖVP was questioned for almost nine hours on December 12, and had to answer further questions on the 15th. Schmid wanted to be a key witness and heavily incriminated the former chancellor. His key statement was that Kurz had a "right of veto" over important personnel decisions. At the time, it was simply "impossible to imagine" deciding on appointments without Kurz.
Dazzling Russians
On the very same day of the trial, Kurz's defense brought two Russian businessmen into play. The Russians had given sworn statements: Schmid is said to have said at a job interview in Amsterdam that he was put under pressure by the public prosecutors. He did not always testify truthfully in order to become a key witness. The affidavit was not enough for the judge and the Russians were called as witnesses.
Original answer
On the seventh day of the trial, former Finance Minister Hartwig Löger (ÖVP) took the title for the best answer to avoid sensitive questions. He spoke of a "memory dilemma".
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