No false statement

Styrian environmental lawyer acquitted

Environmental lawyer Ute Pöllinger was acquitted.

(Bild: Pail Sepp)

An explosive trial took place in Graz on Wednesday: Styrian environmental lawyer Ute Pöllinger was accused of making false statements during a police interrogation. The case concerned abuses in the provincial environmental department. Pöllinger was acquitted (not legally binding).

Almost three years have now passed since the "Krone" brought the mismanagement in Department 13 of the Styrian provincial government to light. EIA decisions are known to have been formulated on a large scale by the project applicants themselves or their legal representatives.

The allegations were substantiated once again by the Federal Audit Office last year. The Vienna auditors found that in several proceedings there was inadmissible communication between project applicant representatives and the authority. It has still not been clarified whether these processes are relevant under criminal law. The decision as to whether or not charges will be brought lies with the public prosecutor's office.

Not legally acquitted
Environmental lawyer Ute Pöllinger was one of many witnesses questioned about her observations during the investigation, and she is also said to have incriminated lawyers. At least one of them therefore charged her with defamation and giving false evidence. The trial took place on Wednesday at the Graz Regional Criminal Court - and ended with an acquittal for Pöllinger by Judge Julia Noack (not legally binding).

The crux of the trial was whether the subjective element of the crime was fulfilled. At the time of her testimony, Pöllinger was firmly convinced that the lawyer concerned had prescribed notices for the authorities. A person from the department concerned had told her this. She has since apologized for the statement, as it turned out to be completely false.

For public prosecutor Alexander Birringer, the subjective element of the offense is fulfilled in any case, because her statements at the time were merely based on rumors. He therefore immediately announced an appeal on grounds of nullity and guilt after the verdict.

Incidentally, the former head of the scandalous authority is still fighting her transfer at the Graz Provincial Administrative Court.