Verdict awaited

Fatal kick: “Josef was such a nice person!”

The defendant stood by his responsibility that he did not want to kill the 54-year-old.

(Bild: Eva Stockner/Steirerkrone)

A 29-year-old ex-footballer ended the life of a 54-year-old Styrian with a single kick to the stomach. At the start of the trial the previous week, the accused claimed that he did not want to kill Josef H. It is now up to the jury to decide between murder and assault resulting in death.

On January 27, the man from Graz allegedly kicked the 54-year-old man so hard in the stomach outside a café in Graz-Gries that he died as a result of a so-called fat embolism. He had previously allegedly headbutted another man in the café. 

The victim of the "headbutt", who is represented by lawyer Christoph Scala, testified in court on Monday. "We were throwing dice at the bar. I then saw out of the corner of my eye how the door of the bar opened and someone came towards me. Then I just felt a burner in my face." When he regained consciousness lying on the floor, "the others were just trying to revive Josef." 

"There were two bar stools between us"
He did not know the accused and there had been no scuffle, nothing at all. The presiding judge Julia Riffel was interested in what he had to do with the defendant's wife - probably in relation to the footballer's jealousy. He is said to be quick-tempered and aggressive. "She only asked me about my ex-girlfriend. Nothing more. And there were two bar stools between us," shrugs the Styrian.

Josef was a really nice person. He would never have hurt anyone. He was the last person who would have argued with anyone.

Der Freund des Opfers

"Josef was your friend. What kind of person was he?" prosecutor Hansjörg Bacher wants to know from the witness. "Josef was a very nice person. He would never have done anything to anyone. He was the last person who would have argued with anyone." But he obviously wanted to stand up for his friend, whom the accused had injured.

"Violently kicked in the stomach area"
The next witness to appear before the jury was the one who witnessed the fatal attack from the window of his third-floor apartment after hearing loud screams. "I saw a man kneeling on the floor on all fours. And another who walked away, but then turned around and kicked the other man hard in the creek area." Judge Julia Riffel: "Like in soccer?" - "Yes, exactly! It made a thudding noise."

When asked by a juror where the defendant had kicked the victim, the witness replied firmly: "On the right." To which defense lawyer Bernhard Lehofer replied: "But all the injuries were on the left side. That's really strange. How do you explain that?" - "Maybe the injuries were in the middle? But he certainly kicked on the right side." - "But that can't be true," says the lawyer.

"Didn't see a kick"
The defendant's mother-in-law, who claims to have noticed neither the "headbutt" nor the fatal kick, then talks her head off. Even though she was standing not even a meter away. "Did you close your eyes or look away?" asked the chairwoman, visibly annoyed. "I didn't see a kick", the 54-year-old insists. But the victim was very aggressive ... "You should really think carefully about what you say!" the judge emphasizes with regard to false testimony.

The jury has yet to reach a decision.