Shocking Legal Development

Investigation into Perjury Against Key Witness Schmid

Key witness Thomas Schmid is now himself under suspicion of job-trading. The public prosecutor’s office has launched a preliminary investigation into perjury.(Bild: FOTOKERSCHI / FLORIAN REISINGER)

Former Chancellor Sebastian Kurz fell from grace over his cell phone chats, and ÖVP parliamentary group leader August Wöginger is now charged with abuse of office—but now Thomas Schmid himself is under suspicion of job-trading! The Linz Public Prosecutor’s Office has, of all people, launched an investigation into the justice system’s key witness for perjury.

The explosive background is quickly explained: In the ongoing trial against the leading Turquoise Party politician regarding a possible intervention for a top position, several tax officials also testified de facto against their former secretary-general, Thomas Schmid. According to their testimony, contrary to his claims, he had already intervened in the filling of an executive position at another tax office. In other words, job-trading as well. Long before the Wöginger case for which he is now being charged.

“Mr. Clueless” faces serious charges
The fact is: All four witness statements clearly contradict the statements of “Chat Man” Schmid, who played dumb during the ongoing trial in Upper Austria’s capital and literally claimed to have noticed “little to nothing” about the board appointment.

As a result, the key witness for the Public Prosecutor’s Office for Economic Affairs and Corruption was also charged in the investigations against former Chancellor Sebastian Kurz, which have been ongoing for years. Now comes the legal bombshell! The Linz Public Prosecutor’s Office apparently considers the initial suspicion sufficiently substantiated to have officially launched a preliminary investigation for perjury.

Highly embarrassing affair for corruption investigators
The court has therefore been instructed not to delete the audio recordings of the ongoing trial but to preserve them. This is, in any case, a major embarrassment for the judiciary’s corruption fighters. What happens next? Now that the verdicts have been handed down in the Wöginger trial, the Linz Public Prosecutor’s Office will obtain the case file and the trial transcripts and, if necessary, question the witness who made the incriminating statement against Schmid during the trial.

Thomas Schmid himself would likely also be questioned again about his memory lapses regarding the events surrounding the staffing of the Freistadt tax office, which took place before that of the Braunau tax office. Afterward, a decision will be made on whether to press charges or dismiss the case, and a report on the proceedings will be submitted to the Supervisory Board. A decision is therefore not expected before summer.

However, this explosive case will only affect Schmid’s status as a key witness if he is actually convicted of perjury—and the conviction becomes final. This means he could exhaust all appeals before actually losing his status as a key witness if convicted of perjury.

Schmid has a lot to lose, including his leniency status
In any case, Schmid, who has incriminated himself on numerous other counts, has a lot to lose. This is because a leniency witness must testify comprehensively and disclose all his knowledge. It would therefore be far from wise if, as a witness in the Wöginger trial, he actually withheld information and instead answered with “I don’t remember.” However, the Linz Public Prosecutor’s Office would also have to be able to prove this intent.

No matter how the affair turns out: in future trials, judges will struggle with the credibility of the at least tainted key witness...