Trial over dead deer

Judge: “Cannot prove intent on your part”

This fawn had all its legs cut off during the mowing work and had to be shot

(Bild: zVg)

It was a bombshell when the single judge announced her verdict in the Eidenberg fawn-killing case on Friday afternoon at the Linz Regional Court: Acquittal for the 57-year-old defendant. The part-time farmer and FPÖ local politician could not be proven beyond doubt to have acted with intent. The verdict is not yet final.

"I am not guilty", the defendant declared from the beginning of the trial at the Linz Regional Court. The 57-year-old part-time farmer and FPÖ local politician from the Mühlviertel did not accept the accusation that he had willfully mowed down six fawns in a meadow in Eidenberg. 

He had mowed his leased meadow late in the afternoon on June 4 because it had not been possible to do so before - due to a lot of rainfall. It was very hot that afternoon, the grass was up to 70 centimetres high and very thick. He started his work at around 4 pm. 

He noticed two doe goats. While mowing, he suddenly saw two fawns lying in the meadow. "I got down, took a tuft of grass and carefully placed them at the edge of the forest behind the trees." He continued mowing - from the outside to the inside. 

"It's already too late"
Then he noticed three dead fawns. "They were 100 percent dead. I was under time pressure and so I kept working." When he had almost mowed down the entire meadow, he received a call from a hunter asking when he would start mowing because he wanted to send a colleague over with a drone. "I told him that it was already too late, I was almost finished and it wouldn't do any good," said the accused.

After about 15 minutes, two people arrived. He stopped, the younger of the two knocked on the tractor door and reproached him for mowing. "He got upset and said that he wanted to fly his drone. I said he didn't need to do that anymore and told him to go away. Then I mowed for another 20 minutes and drove home afterwards."

The next morning, he took the three dead fawns and left them at the edge of the forest. He brought the food home. 

Not aware of any guilt
"Did you do everything right?" the judge wants to know. "I'm not aware of any guilt, I didn't see any injured animals," emphasized the defendant.

"Didn't you have an obligation to see if there were any deer in the meadow?" the judge probed. "Accidents just happen," said the farmer.

A total of four fawns were killed and two others were so badly mutilated that they had to be shot with a mercy shot. The private party representative of the Eidenberg hunting association, Rupert Wagner, is demanding 1686 euros (281 euros per fawn) in compensation.

"Drive carefully"
He points out that the Chamber of Agriculture provides information newsletters for farmers on how to avoid deer being mowed to death. The defendant claims not to have received these. "So you don't know what measures can be taken to ensure that nothing happens?" he wants to know. "Drive carefully," replied the 57-year-old.

Four witnesses testify - two hunters and two local residents. According to their statements, it was known that the leased meadow was a so-called "set meadow" where there were many deer. However, the accused explained that he had mowed this meadow himself for the first time: "I was not aware of this."

There is no law
The private party's representative points out that there is an animal welfare requirement according to which farmers must take protective measures. However, there are apparently no statutory provisions on this.

Public prosecutor Dietmar Gutmayer modifies his criminal complaint to the effect that the defendant - contrary to agricultural practice - began mowing without having walked the meadow beforehand or taken any other precautionary measures.

"Even though he was mowing this meadow for the first time, I am convinced that he was aware that there were deer there. But he didn't do anything, not even after he retrieved the two live fawns from the grass." As a result, a considerable number of young deer were killed or injured. "They are responsible for cruelty to animals in any case." He accuses the 57-year-old of a conditional intent, demands an unconditional fine and a conditional prison sentence.

Two live fawns rescued
The defendant's lawyer is demanding an acquittal. He points out that there are no legal obligations or regulations that prescribe mandatory precautions for animal welfare when mowing. In legal terms, his client could therefore not be accused of anything.

The judge agreed with this view and acquitted him in case of doubt. "If it had been intentional, they would not have taken the two live fawns out of the danger zone." The farmer would also have had no advantage from mowing the deer to death. "I cannot prove intent." The public prosecutor has not yet made a statement on the verdict, so it is not yet legally binding.

Reaction of the defendant: He turns towards the trial observers with a grin and says: "Well, now you see!"