"Evidence is unclear"

New Vienna terror trial: prison sentences remain in place

The second round of the trial for the Vienna attack on November 2, 2020 starts on Tuesday - four people died and dozens were injured. Three terror supporters must now be retried. However, the fact that they will spend years in prison will not change.

After the Supreme Court partially overturned the verdicts against three of the Vienna attacker's terror accomplices at the end of last year due to procedural errors, a retrial will take place on Tuesday. The Great Courtroom of the Vienna Provincial Court will once again be under maximum security.

Involvement in quadruple murder is certain
However, this is no longer about the central charge. It has already been established that the men were involved in the attack in Vienna city center - in which four people died. The guilty verdicts of February 2, 2023 for the commission of terrorist crimes in connection with participation in the murder are legally binding. 

However, the question of whether the men, aged between 23 and 29, are or were members of a terrorist organization and a criminal organization is very much an issue in the retrial. On this point, there were deficiencies in the verdict in the first trial and misleading legal instructions given to the jury. 

It is necessary to examine whether my client has an Islamist conviction. In this sense, the evidence was not clear in the first round either.

Anwalt Elmar Kresbach verteidigt einen Terrorhelfer.

Lawyer Elmar Kresbach defends the 29-year-old who helped with the final preparations on the day of the crime - including loading the weapons: "It must be examined whether my client has an Islamist mentality. In this sense, the evidence was not clear in the first round either." The file does not support a conviction for terrorist association and criminal organization in the case of his client.

Long prison sentences will probably remain
Regardless of the outcome of the terror trial, the long prison sentences of the defendants will probably not change much. The third defendant at the time received a 20-year sentence, the sixth was sentenced to 19 years under juvenile criminal law. The fourth defendant even received a life sentence. "The point is that my client gets a fixed-term prison sentence. This is important for the rest of his life," says defense lawyer Kresbach, taking a realistic view of the prospects.

Maximum security measures in the Vienna countryside
The previous week, court spokeswoman Christina Salzborn had already informed the court about the increased security measures and the ban on photography and video in the large jury courtroom.

In contrast to the retrial of the first and second accused at the time, the two men also had to be retried as a terrorist group or criminal organization. They were acquitted of involvement in the murder in February of the previous year. Their partial sentences changed only slightly.

The sentences against the three terror supporters are scheduled for Thursday.