Political bombshell in Linz

The verdict is in: Wöginger found guilty!

Guilty verdict and resignation: A dark day for ÖVP club chairman August Wöginger.(Bild: Markus Wenzel)

A major political bombshell at the Linz Regional Court: August Wöginger was found guilty on Monday in his trial for abuse of office. Following the verdict, the 51-year-old announced his resignation as ÖVP parliamentary group leader. krone.at’s live ticker takes you through the dramatic day in court!

The most important points in brief:

• ÖVP parliamentary group leader August Wöginger receives a seven-month suspended sentence and an unsuspended fine of 43,200 euros. 

• The verdict is not final; Wöginger hopes for an acquittal on appeal. You can read his full statementhere.

• Following the verdict, Wöginger announced hisresignation as ÖVP parliamentary group leader. However, he will remain a member of the National Council. 

• Chancellor and ÖVP leader Christian Stocker called it a “harsh verdict.” Political opponents have also spoken out.

• The two co-defendant officials were also each sentenced to seven months’ suspended and unsuspended fines of 33,840 and 22,680 euros, respectively.

• “Based on the chats and Wöginger’s reaction, this cannot be considered a trivial civic concern,” the judge stated in her reasoning for the verdict.

The krone.at live ticker:

What the trial was about
The charge brought by the Public Prosecutor’s Office for Economic Affairs and Corruption (WKStA) was that the defendants had, in 2017, secured a board position at the Braunau tax office for an ÖVP mayor for party-political reasons. According to the indictment, Wöginger is alleged to have influenced the appointment process with the help of Thomas Schmid, then Secretary General and Chief of Staff at the Ministry of Finance. The two co-defendants sat on the review committee and are alleged to have “pushed” the local politician there. Schmid himself avoided charges due to his status as a key witness.

The trial day in pictures:

(Bild: Lisa Stockhammer)

(Bild: Lisa Stockhammer/Kronen Zeitung)

(Bild: APA/FOTOKERSCHI.AT/WERNER KERSCHBAUM)

(Bild: Gerald Schwab, Krone KREATIV)

(Bild: Robert Loy/Kronen Zeitung)

(Bild: Lisa Stockhammer/Kronen Zeitung)

Court saw no “citizen’s concern”
The mayor had asked Wöginger to put in “a good word” for him; according to his own statement, Wöginger relayed this “citizen’s concern” to Schmid. For the WKStA, this was a clear case of political patronage; the court, too, saw no public interest in it whatsoever. The lay judges’ panel also found it proven that the accused commission members had favored the mayor for party-political reasons, according to the presiding judge. She based this, among other things, on the chat correspondence between a commission member and Schmid.

The three defendants denied the allegations and requested acquittals. However, all three had already agreed to accept responsibility at the end of last year in order to receive a diversion, which was subsequently overturned by the Higher Regional Court (OLG) in Linz.

Unconditional fines of 180 daily rates each
On Monday, the Linz Regional Court granted the WKStA’s request for an unconditional sentence and sentenced all three to seven months’ probation and unconditional fines of 180 daily rates each (33,840, 22,680, and 43,200 euros for Wöginger, respectively). The guilty verdict was handed down for abuse of office; in the case of the civil servants, additionally for giving false testimony. The private plaintiffs were referred to civil court proceedings.

ÖVP to Decide on Successor Soon
Wöginger’s attorney announced an appeal for annulment and an appeal, while the club chairman himself announced his resignation after the hearing. He still hopes for an acquittal in the next instance, but the office of club chairman requires full attention, Wöginger stated. The ÖVP will vote on the club chairman’s successor “soon” at a club meeting, said the club’s spokesperson.