Best friend dead
Trial after car accident: police have to move in
A crowd that would go beyond the scope of any courtroom attended the trial of a 21-year-old in Vienna. The young Serb negligently killed his best friend in a car accident. The partially conditional sentence of 15 months caused displeasure among the almost 150 relatives - and a police operation.
It is a trial based on a tragedy: On May 5 in the early hours of the morning, there was a terrible traffic accident on Leberstraße in Vienna-Simmering. A 19-year-old died in the collision with a parked bus. His best friend, who had been driving the car involved in the accident, is now on trial.
More spectators than a short trial
On the day of his trial, almost 150 of the victim's relatives gather in front of the far too small courtroom at the Vienna Regional Court - until Judge Andreas Hautz even has to postpone the trial. The spectators were even allowed to stand shoulder to shoulder in the new and larger courtroom.
As an alternative, we only have the large jury courtroom and that is occupied by someone else - even though we have more spectators.
Richter Andreas Hautz über den Andrang der Interessenten, der wohl jenen des Kurz-Prozesses schlägt.
"As an alternative, we only have the large jury courtroom and it is otherwise occupied - although we have more spectators." Verdicts against former Chancellor Sebastian Kurz are expected there - the police officers deployed there are called to the trial for involuntary manslaughter at short notice.
Lost control with a 400 hp BMW
"I've had flashbacks very often since then. I blame myself every day," says the young Serb in the dock. Because it was him who lost control of the 1 Series BMW with sports equipment after a bend at almost 100 km/h - which was also tuned up to 400 hp. At this speed, the passenger door of the vehicle slammed into the bus. The 19-year-old was killed instantly, dying of craniocerebral trauma and internal bleeding. The 21-year-old was also seriously injured.
I would have been happier if I had died and not my friend. I would give my life to get his back.
Angeklagter (21) über den Tod seines besten Freundes
The irony of the terrible situation: the powerful BMW belonged to the deceased 19-year-old. "I wanted to try out the car once. I loved tuned cars. But I regret nothing more than getting behind the wheel that day. I would be happier if I had died and not my friend. I would give my life to get his back," the defendant sobs in front of the judge.
Defense attorney earns resentment from the audience
His defence lawyer Elmar Kresbach tries to put the accident into perspective - to the horror of his relatives: "There's a hackneyed saying: The devil never sleeps. And everything came together in this incident." - a fast car, young lads with testosterone excess and the bus that would have parked in exactly the wrong place. "He himself suffers almost the most," says Kresbach, earning contemptuous snorts from the crowd.
§ Section 81 StGB Grossly negligent homicide
(1) Anyone who causes the death of another person through gross negligence is liable to a custodial sentence of up to three years.
(2) Likewise, anyone who negligently causes the death of another person after he has, even if only negligently, put himself into a state of intoxication that does not impair his sanity by drinking alcohol or using another intoxicating substance before committing the act, although he foresaw or could have foreseen that he was about to carry out an activity which, if carried out in this state, could cause or increase a danger to the life, health or physical safety of another person, shall be punished.
Angry relatives and friends trigger police intervention
For Judge Andreas Hautz, however, it is clear: "Anyone who gets into a car like that and drives through the local area at such a speed is going to do time." That means: 15 months, four of them in prison. And Mr. Rat also holds the car industry responsible: "As long as vehicles like this are built as standard, young men will die on our roads. Who needs such nonsense?"
A verdict that horrifies the relatives and friends of the deceased 19-year-old. A few jump up and shout at the judge. Others loudly insult the 21-year-old - who has to be led into the back room. One woman starts shouting in rage: "Murderer! Murderer!" The mob has to be escorted out of the regional court by numerous police officers.
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