The Political Appointments Scandal

Supreme Court Rejects Wöginger’s Appeal

August Wöginger felt that his fundamental rights had been violated. The Supreme Court saw it differently.(Bild: APA/FOTOKERSCHI.AT/FLORIAN REISINGER)

Former ÖVP parliamentary group leader August Wöginger has been rebuffed by the Supreme Court (OGH) in his appeal against the public prosecutor’s actions in the first-instance Linz job-trading trial. Wöginger had demanded a retrial because he felt his fundamental right to a fair trial had been violated. 

Specifically, the ÖVP politician complained that the public prosecutor’s office had initially agreed to a diversion for him during the trial but later filed an appeal against it. Furthermore, he claimed he was not given the opportunity to comment on the public prosecutor’s appeal against the diversion order. The appeal argued that this constituted a violation of his fundamental right to a fair trial.

The Supreme Court did not accept this argument and, in its decision published in the Legal Information System (RIS), pointed to the fact that the public prosecutor’s office’s consent was in no way binding. Furthermore, the court stated that the alleged violation of fundamental rights could still be addressed through an appeal against the judgment.

Supreme Court Must Still Rule on Appeal
In early May, Wöginger, along with two tax officials, had been sentenced in the first instance to seven months of suspended imprisonment each and unconditional fines for abuse of office. The verdict is not yet final.

All three defendants have filed motions for annulment and appeals; the Public Prosecutor’s Office for Economic Affairs and Corruption (WKStA) has also filed an appeal. The Supreme Court has not yet ruled on these matters.