Wrongly convicted?

“Haven’t lost faith in the justice system”

Lawyer Markus Abwerzger has now applied for a retrial for his client.

(Bild: Groh Klemens/Klemens Groh)

In 2011, an HIV patient was sentenced to three years in prison. A new expert opinion is now to show that he may have been wrongly sentenced. The 48-year-old now wants to use the new evidence to obtain a retrial, because: "I am a fanatic for justice."

"Guilty as charged" - that was the verdict on November 4, 2011. Stefan T. (name changed) had to serve his three-year prison sentence for grievous bodily harm with permanent consequences - but this could now have been unjustified.

The Vienna Regional Court sentenced him almost 13 years ago for having unprotected sex with two men in the knowledge that he had HIV, thereby infecting them. An expert opinion from the University Hospital of Cologne and a forensic doctor came to the conclusion that the virus clusters were very similar. This was enough for the court to hand down a prison sentence.

Expert opinion paves the way for retrial
However, the 48-year-old continues to insist on his innocence and wants to prove it even now. Together with his lawyer Markus Abwerzger (Tyrolean FPÖ leader), he therefore obtained a virological expert opinion - which was never provided in the proceedings. This new assessment not only says that the last expert opinion was inadequate, but also: "It cannot be said with a probability bordering on certainty that the three HIV strains analyzed are genetically similar enough to confirm direct transmission between the three people." - But that is exactly what is needed for the conviction.

The verdict still comes as a shock to me. Nevertheless, I have not lost faith in the justice system.

Stefan T. (48) im „Krone“-Gespräch

Stefan T. and his lawyer are therefore positive about a retrial: "It doesn't happen often, but in this case we think we have a good chance," says Abwerzger. His client is also hopeful. However, he is not interested in compensation for imprisonment or anything similar. "I'm a justice fanatic. I'm interested in being rehabilitated and in principle," the 48-year-old told the "Krone" newspaper. The conviction still hurts him and his family - "You'll never be able to forget something like that."

Now we have to wait and see ...