"Approximately 100%"

Neighbor died of coronavirus: Carinthian woman sentenced

A Carinthian man died of coronavirus-related pneumonia. His neighbor was held responsible ...

(Bild: APA/dpa/Rolf Vennenbernd)

A Carinthian woman was also convicted in the second edition of a corona trial. According to the indictment, the woman had infected a neighbor with the virus during the pandemic, who died from the exact type of virus that the 54-year-old had previously contracted.

Having initially received a lighter sentence, she was sentenced on Thursday by Judge Sabine Götz to four months on condition and 800 euros for gross negligence manslaughter - this is also not yet legally binding.

Grossly negligent homicide
The woman was acquitted of the charge of gross negligence manslaughter on the first occasion. This part of the verdict was then overturned: The chains of infection had not been sufficiently discussed, the second instance ruled.

A forensic expert determined that the cancer patient died of pneumonia caused by Covid. A virological expert opinion proved that the virus DNA from the PCR samples of the defendant and the later deceased matched.

"Infection by the defendant almost 100 percent"
The sample even surprised the expert witness, who testified on Thursday: "A match of 100 percent is very rare because coronaviruses change very quickly." An infection by the defendant was "almost 100 percent" likely.

I really didn't make the judgment easy for myself. I feel sorry for you personally - I believe that something like this has probably happened hundreds of times.

Die Richterin zur Angeklagten

Possible contacts were examined
In the current trial, Judge Götz had the task of shedding light on possible contacts between the defendant and her neighbor. Here, it was testimony against testimony: the son and daughter-in-law of the deceased and his wife stated that there had been contact in the stairwell on December 21, 2021 (i.e. when the accused must have already known that she was suffering from Covid-19). The defendant was standing in her doorway in the hallway of the apartment building, the man who later died was standing opposite her.

The accused denied the allegations
"She looked really ill. I asked her if she had coronavirus, but she denied it and said she just had the flu," said the son. He was very worried because he knew how dangerous a Covid infection could be for cancer patients. The defendant vehemently denied this: "I couldn't get out of bed or talk that day because I was so ill. So it couldn't have happened like that," she said.

Treating doctor heavily incriminated the accused
During the trial, the woman also said that a coronavirus infection had never been an issue for her: "It was clear to me that it was bronchitis, like the kind I get every winter." Her doctor had also made another questionable statement to the police about the defendant: she would "certainly not be locked up", she had said to him when a rapid coronavirus test came back positive.

It was clear to me that this was the kind of bronchitis I get every winter.

Die Angeklagte während des Prozesses

"I really didn't make the verdict easy for myself," said Judge Götz in her reasoning. She continued: "I'm sorry for you personally - I believe that something like this has probably happened hundreds of times. But you have the misfortune that an expert has established with a probability bordering on certainty that it was an infection that originated from you." According to the judge, this gave her the certainty required for a guilty verdict.