Second round

Terror supporters charged again: “They are murderers”

Commemoration of the victims of the terrorist attack a year ago in Vienna city center.

(Bild: APA/GEORG HOCHMUTH)

Over a year later, three of the Vienna assassin's terror supporters are once again sitting where they served their long prison sentences - in the Grand Jury Courtroom in Vienna. A jury is now deciding on the maximum sentences in some cases. "We have a proxy trial," criticizes the defence.

"The three sitting here are murderers by contribution," the public prosecutor explains to the jury that the men supported the IS shooter from November 2, 2020 in the terrorist attack in Vienna's city center. These guilty verdicts are already legally binding and are no longer an issue in the retrial. Nevertheless: "Someone who helps with an attack in the name of IS due to their deeply rooted ideology is part of the terrorist organization," the prosecutor is convinced.

Prosecutor assumes the same result
Only this affiliation is still being negotiated. The Supreme Court overturned the convictions for membership of a terrorist group or criminal organization due to procedural errors. "It was a pure technicality in the judgment. But we are in a constitutional state and everything must be correct," said the public prosecutor, emphasizing that it was not an error on the part of the first jury.

"We have a deputy trial"
The defense lawyers cannot avoid mentioning the shocking terrorist attack in which four people died and others were injured. Lawyer Rudolf Mayer is representing the 25-year-old who encouraged the assassin shortly before the bloody attack and helped him find a target - that is legally certain. But his client would never have sent propaganda material. Mayer is also calling for the 20-year prison sentence to be reduced due to the length of the trial, which lasted over three years.

Especially in the case of such a terrible event, the rule of law is required. Because the need for punishment is particularly high here. According to the motto: for every horrific event, there must be someone to blame. We have a deputy trial.

Anwalt Elmar Kresbach vertritt den Drittangeklagten (29). Er wohnte beim Wien-Attentäter.

Defense attorney Elmar Kresbach quickly becomes critical in his opening statement: "Especially in the case of such a terrible event, the rule of law is required. Because the need for punishment is particularly high here. According to the motto: for every horrific event, there must be someone to blame. We have a deputy trial." The authorities would construct a conspiracy after the death of the actual shooter. "Basically, he didn't need anyone to support and encourage him," Kresbach is convinced.

Lawyer Rudolf Mayer defends the third defendant (25).

(Bild: Gerhard Bartel)

Lawyer Elmar Kresbach defends the fourth defendant (29).

(Bild: Gerhard Bartel)

However, it is clear that the men did this - the presiding judge also reminded the court after the opening statements. Elmar Kresbach also sees no evidence in the case file that his 29-year-old client - who received a life sentence in the first trial - sympathized with IS: "He takes the faith seriously, but that is not punishable."

A new decision will be made on sentence levels
In addition, his wife, defended by Anna Mair, would have been acquitted of translating or correcting relevant IS publications in a separate trial at the Vienna Regional Court - something the 29-year-old is also accused of. If no connection to the Islamic State could be established at the time, why should this be the case in this trial, says lawyer Kresbach.

The three terror supporters - including the 23-year-old six-man accused - have therefore pleaded not guilty to the charges of terrorist association and criminal organization. A verdict is planned for April 24. A new decision will then be made on the sentences - 20 years, life and 19 years in the first round. But even acquittals will not make much difference to long-term prison sentences ...