Jenewein must pay 2,000 euros, Hafenecker 5,100 euros. Three co-defendants were acquitted. The verdicts are not final. The accused did not appear at the hearing.
According to his defense attorney Christoph Rother, Jenewein pleaded guilty to all 20 forgeries included in the indictment from May to August 2021. The former politician is said to have altered certificates on the computer, partly for himself and partly for others. The forgeries were “ill-considered” and Jenewein regrets this very much, said the defense attorney, who requested diversion. The investigation was triggered by a discovery on the former politician’s cell phone.
Fake certificates for European Championship game
The other four defendants pleaded not guilty. According to the Vienna public prosecutor’s office, Hafenecker, his wife and a family friend who works as a local councilor for the FPÖ are said to have received fake corona test certificates from Jenewein in order to watch a European Football Championship match on June 23, 2021 in Budapest. Hafenecker is said to have received tickets for the match at short notice. The three accused had themselves tested for entry to the stadium, but the results were still pending when they arrived, said the representative of the prosecution. Christoph Völk, the lawyer for the three defendants, saw no evidence of any determination or contribution. Like Niki Haas, the defense attorney for the five accused, he called for an acquittal.
Counterfeits as “backup”
An employee of the FPÖ parliamentary group who had ordered fake Covid certificates from Jenewein testified as a witness. He had already received a diversion before the trial. According to his own statements, the witness had asked Jenewein whether he might forge test certificates for his four fellow passengers “as a backup” in case the PCR results did not arrive on time. “I can’t remember whether we talked regarding the tests beforehand,” said the man, who attended the match together with Hafenecker, his wife and his then minor son, as well as another defendant. According to the court, the real negative PCR tests arrived shortly before the match or during the game.
“20 facts are many”
Jenewein and Hafenecker were ultimately found guilty. In the former’s case, the question of diversion arose, “the case is borderline,” said the judge. Ultimately, however, he saw “serious guilt” and “20 facts are a lot.” The judge justified Hafenecker’s conviction by saying that he had “not the slightest doubt” that he had instructed the parliamentary employee to order the fake test certificates from Jenewein. Acquittals were made on some of the charges. Jenewein must pay 100 daily rates of 20 euros each for data falsification, and Hafenecker must pay 30 daily rates of 170 euros each as the perpetrator. The other defendants were acquitted because it might not be proven that they had been the perpetrators of the crime.
“Power of images in the super election year”
In proceedings before a district court, defendants do not have to appear in person and can be represented by a defense attorney as a person in power, the judge explained. Hafenecker’s attorney referred to the “power of images in a super election year.” This is why his clients had exercised their right not to appear in person. Jenewein was not attending the hearing because of a vacation that had been booked a long time ago, said his defense attorney.
The prosecutor made no statement following the verdict was announced. Jenewein’s defense attorney asked for time to think regarding it, and Hafenecker’s attorney filed an appeal. The verdicts are therefore not legally binding.
