Trial started

Prohibited publications: Peter Pilz on trial

Peter Pilz in court in Vienna

(Bild: Bartel Gerhard/Gerhard Bartel)

The former member of the National Council and media owner Peter Pilz is on trial in Vienna. He is being tried for offenses dating back up to 24 years. Pilz is said to have illegally published minutes from two disciplinary proceedings. He is also accused of defamation against the Federal Office for Immigration and Asylum.

The trial against Peter Pilz begins on Friday in front of courtroom 25 at the Vienna Regional Court. The former politician gives interviews calmly, anticipating his testimony before Judge Gerald Wagner. Above all, that he will not plead guilty, as he repeats when asked during the trial.

BFA accused of "official attempt to murder"
Despite the single judge proceedings, the public prosecutor presented the charges to the numerous media representatives in attendance: it was a matter of prohibited publication in two cases and the accusation of defamation against the Federal Office for Immigration and Asylum (BFA). Pilz had accused the BFA of "official attempted murder" in the course of deportation proceedings in 2018.

Peter Pilz in court in Vienna

(Bild: Bartel Gerhard/Gerhard Bartel)

Prohibited publication 24 years ago 
The two banned publications on trial date back a little longer. One concerns a press conference in 2000 at which the then Green Party politician passed on copies of files from disciplinary proceedings against police officers to media representatives. The police officers were accused of having made illegal inquiries at the instigation of FPÖ politicians. These investigations are remembered as the Ekis informer affair.

Ten years later, Pilz quoted on his personal website as the media owner from minutes of disciplinary proceedings regarding mistakes made by the authorities in the search for Natascha Kampusch, who had been abducted for years.

Pilz with his defense lawyer Johannes Zink

(Bild: Bartel Gerhard/Gerhard Bartel)

Why is the trial only taking place now, because of accusations that were made a long time ago? Because Peter Pilz has enjoyed professional immunity as a member of the National Council for most of the past 24 years. Investigations only continued after Pilz left parliament in the fall of 2019. And even that took almost five years.

Yes, I admit that the criticism was harsh. But in my opinion, he told the truth.

Pilz-Verteidiger Johannes Zink

The ex-Green Party member and list founder and his defense lawyer Johannes Zink would like to use the hearing at the Vienna Regional Court to prove that the BFA was completely wrong to deport a young Afghan in 2018 - and that the offence of defamation was therefore not fulfilled. Lawyer Zink in his opening statement: "Yes, I concede that the criticism was harsh. But in my opinion, he told the truth." As evidence, he even offers to make the refugee, who has now found asylum in Germany, a witness.

"Hair-raising error of law"
On the other hand, a "hair-raising legal error" needs to be clarified, as Peter Pilz calls it. He and his defense lawyer do not share the legal opinion of the public prosecutor's office, according to which the Civil Service Act must also be applied in the course of the prohibited publications from disciplinary proceedings.

"I quoted from disciplinary files in both incriminated facts and I do not dispute that. I know the legal situation very well. I know every legal provision that applies here, in every detail," the former politician argues. "I am still convinced that it was all in accordance with the law, correct and necessary." Moreover, he had never been a civil servant.

Adjourned due to motions for evidence.