Final judgment!

Leon’s dad spent 523 days in custody for no fault of his own

Leon's father spent more than 500 days in custody in Innsbruck.

(Bild: Birbaumer Christof/APA)

"You may leave the courtroom a free man." - This sentence by Judge Andreas Fleckl caused tears of joy in the case of the tragic death of little Leon in Tyrol. The verdict has now become final. This means that the defendant can apply for compensation for his imprisonment. Compared to other countries, however, this will be low.

The unspeakable drama surrounding the six-year-old boy took place at the end of August 2022 - he drowned in the Kitzbüheler Ache. On February 27 of the previous year, the criminal case came to a head: Leon's father was arrested on suspicion of murder and remanded in custody.

And this was repeatedly extended - on the grounds that there was a risk of the crime being committed. This was not only ruled by the Innsbruck Higher Regional Court, the Supreme Court also rejected an appeal by the defense.

Leon's father spent more than 500 days in pre-trial detention in Innsbruck.

(Bild: Birbaumer Christof/APA)

Acquittal after 523 days in custody
So the man spent almost a year and a half in prison before his trial - exactly 523 days. Until the jury found him not guilty of his son Leon's murder on Thursday. On Friday morning, the public prosecutor's office announced that it would waive its right to appeal - the verdict is therefore final, confirmed spokesman Hansjörg Mayr.

"There is nothing to shake"
The verdict of the jury court was "clear", Mayr continued. There was also no indication of any errors in the trial and therefore no grounds for an appeal to the Supreme Court. There was therefore "nothing to shake" about the acquittal handed down by the jury. The acquitted man's defense lawyers have already been informed.

What the defense lawyers say
Defense lawyer Albert Heiss, who had represented Leon's father together with Mathias Kapferer, described the prosecution's waiver of appeal as "expected". The verdict was based on the "truthful verdict" of the jury, which does not require any justification. Accordingly, a jury verdict on the question of guilt is not contestable. In the event of an appeal for annulment, the Supreme Court would only review "legal defects" and not rule on the merits of the case.

The lawyers Albert Heiss (left) and Mathias Kapferer.

(Bild: Birbaumer Christof/Krone KREATIV)

A civil action, as brought into play by him the day before immediately after the end of the trial, is still open. Such an action would be directed against the Republic and could be based on mistakes made by investigators or the criminal investigation department, which would have resulted in an incorrect assessment of the facts.

20 to 50 euros per day
The acquittal is probably the biggest relief for the father of the family. He cannot hope for much compensation for his imprisonment. In Austria, 20 to 50 euros per day are awarded - but this is generally in the lower range. In the current case, 20 euros per day would mean just over 10,000 euros, ideally it would be around 26,000 euros.

The three days of the trial to read up on:

Defense lawyer Heiss has not had any contact with his client since the end of the trial - the man needs time to process what he has experienced and in particular the one and a half years in custody. They will probably meet next week to discuss how to proceed.

Investigations to be resumed?
What happens next in the Leon case? Katja Tersch, head of the Tyrolean State Office of Criminal Investigation, considered a reopening of the investigation possible: "If there is anything new." The status that was discussed on Thursday was the current state of the investigation. In any case, further steps would be taken in consultation with the public prosecutor's office.