2023-05-10 09:11:15
The accused had lived illegally in a press house in Obritz with his partner and six children, and the cause caused a stir. The incident that was legally raised on Wednesday occurred on the followingnoon of January 26th. At that time, the accused and his family lived in a press house with an attached cellar tube.
A representative of the Hollabrunn district authority and an employee of the municipal office checked the address. The pepper spray attack is said to have come from a distance of several meters – instead of “offering a coffee” to the men who should be respected, as the prosecutor emphasized.
The defendant, who was not present, emphasized in a statement read during the single judge hearing that he had felt threatened by the two people. The duo did not want to identify themselves beforehand – which neither of them confirmed on the witness stand on Wednesday. The 54-year-old, who had no criminal record at the time of the crime, is said to have later barricaded himself in the wine cellar with the children.
The property was searched by order of the public prosecutor’s office. There were the accused’s 40-year-old partner and six children aged between seven months and five years. Several weapons were discovered, as well as a huge supply of food.
DNA tests confirmed the man’s paternity
There were no registration slips or birth certificates for the children. Since the identity of the little ones might not be clarified, they were temporarily handed over to the care of the social work department of the district administration. DNA tests subsequently confirmed the man’s paternity. Since February, the children have been in the care of their parents once more. The family moved into an apartment.
However, the court does not know the current whereregardings of the accused. Defense attorney Astrid Wagner justified the accused’s absence from the trial by saying that the accused was no longer in Austria and traveling to the trial was not economically feasible. Travel expenses of 17,000 euros had already been mentioned in advance. Your client requested a video conference, but that was not feasible for legal reasons, said Wagner.
Defender spoke of a “headless situation”
The single judge saw the prerequisites for a trial in the absence of the accused. The accused had received the summons and, last but not least, had previously commented extensively on the allegations. In the statements read out, the 54-year-old spoke generally of a situation of fear.
Basically, he was repentant, now an “immediate call to the police” would appear to be a better solution. Wagner made a similar statement, speaking of a “headless situation”. The defender emphasized that the accused now admits to have overreacted: “He would not do it like that anymore.”
According to Wagner, the accused felt prejudiced by the subsequent reporting – the cause of the family living in the press house also made headlines abroad. “There was an awful lot in the media.” However, everything vanished into thin air, the accused’s children really “turned out well”.
Judge finds rejection of “any authorities”
For the single judge, the guilty verdict was a clear case. The accused carried pepper spray and clearly did not want to let the officers into the press house. The man “apparently rejects any authorities”, moves “something in the state refuser scene”.
The previously orderly lifestyle and the present partial confession would have had a mitigating effect. The coincidence of two offenses and the injury of officers were considered aggravating. The prosecutor and the defense each gave a waiver of appeal – the second following SMS contact with the accused.
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