In her verdict, Judge Doris Petschniker spoke of an “extraordinarily high level of violence” and stated: “This story is so brutal, violent, lacking in empathy. This goes beyond the norm. Actually, you can only describe it as torture.” The judgment is not final.
Annulment complaint and appeal
The previously blameless 44-year-old filed an annulment complaint and an appeal against the decision. The public prosecutor appealed against the sentence. The criminal case had already been heard at the regional court in June 2023, the 44-year-old had also received a seven-year prison sentence for intentional serious bodily harm, rape and serious coercion, and his co-defendant, who was three years younger, was sentenced to three years as an accomplice. However, the Supreme Court (OGH) overturned the two first-instance judgments for formal reasons. A new implementation was ordered.
While in the end the main perpetrator was de facto sentenced to the same sentence, the 41-year-old was now sentenced to three months’ probation only for constantly stealing property – she had taken the victim’s cell phone and cut up the SIM card. She was acquitted of intentional grievous bodily harm. The 41-year-old asked for time to think about it, but the public prosecutor filed a nullity complaint and an appeal.
“It wasn’t my client”
In the new edition, the defendants pleaded “not guilty,” as they did the first time. “It wasn’t my client,” said the 44-year-old’s defense attorney. “Other versions are also possible, so that one has to proceed according to the principle of doubt and acquit,” said the woman’s legal representative. The victim gave such different information that “the real perpetrator” may not even be found. The lawyer also pointed out that the victim had an adult representative.
According to the prosecution, the couple literally tortured the man on January 26, 2020. First, the 63-year-old was hit with a grindstone or fists. When he fell to the ground, the 44-year-old defendant, who weighed more than 130 kilograms at the time, is said to have thrown himself at him with full force. They then tried to force the man to eat cat feces. “He was so afraid of further beatings that he did that too. He put it in his mouth, but then spit it out,” the prosecutor reported at the beginning of the trial. The man was also maltreated with a bamboo stick, causing life-threatening injuries: “If he hadn’t gotten medical help quickly, he would probably have died.”
Seriously injured man found on sidewalk
Passers-by found the seriously injured man hypothermic on the sidewalk in front of the apartment where the torture was said to have occurred. He initially claimed that two unknown teenagers had knocked him down from behind on the street. After he was admitted to a hospital and given initial care, it quickly became clear that that couldn’t be right. The internal injuries could not be reconciled with his account of the alleged crime. The 63-year-old then initially incriminated his own son, who was temporarily held in custody. Only when it became clear that the son had absolutely nothing to do with the criminal case did the 63-year-old talk to the defendants.
The affected person suffered fractures of the cervical and thoracic vertebrae, a broken cheekbone and serial rib fractures. According to a forensic medical report, the injuries were very serious and the man was no longer able to work as a result.
Dispute escalated for “unexplained reasons”
The couple had asked the victim to meet under a pretext. “There should be a discussion to resolve disagreements. The dispute then escalated for no apparent reason,” said the public prosecutor. Apathy was probably a key motive for the crimes.
According to a psychiatric report, the 63-year-old has an intellectual disability, is simply structured, tends to be anxious and is easily manipulated. However, the expert called in considered the man to be able to give evidence and to be competent. The 63-year-old did not personally appear in court as a witness. During the preliminary investigation, the public prosecutor’s office questioned him as a witness and the hour-long video with his statements was played in the courtroom.
