"Crown witness" Schmid

The long wait and the many contradictions

Thomas Schmid, the subject of the dispute: He has come clean to the authorities. Nevertheless, his leniency status is still uncertain.

(Bild: APA/MAX SLOVENCIK)

Thomas Schmid is still waiting for his status as a key witness. He has also said things that could jeopardize his application.

Crown witness - if you come clean, you don't have to pack up for prison, but you do have to approach the public prosecutors proactively, make a remorseful confession and provide new information. This is the case with Thomas Schmid, who has offered himself as a key witness for the WKStA in several corruption cases. Almost two years after Schmid officially applied for this status, no decision has yet been made. Why? The WKStA, which wants Schmid as a key witness, had to readjust a report from May. In August, the last preliminary report was submitted to the Ministry of Justice. Once the review has been completed, it will be passed on to the Council of Instructions. This is the ministry's advisory body responsible for "clamorous" cases.

Lawyers suspect skepticism in the Ministry of Justice
The case is special. The lawyers of defendants such as former chancellor Sebastian Kurz want to shake Schmid's credibility and argue that the ex-Öbag boss and Kurz confidant has made false statements on several occasions and that proceedings in which he gave incriminating testimony were dropped. Most recently the case against former National Council President Wolfgang Sobotka in connection with the "Dr. Erwin Pröll Foundation". Former Finance General Schmid apparently falsely spoke of attempted intervention in tax matters. 

"It is incomprehensible that someone who has repeatedly told the untruth can pass as a key witness," say lawyers who were not involved. They suspect that this is why the examination of the leniency status is taking so long, because the ministry is not completely convinced.

Klaus Ainedter, who is defending the co-accused former head of communications Gerald Fleischmann, believes that Schmid cannot generally be a key witness because he was already a defendant before the authorities - even before he came clean.

Telekom key witness Gernot Schieszler

(Bild: APA/GEORG HOCHMUTH)

The comparison with the first key witness in Austria is interesting. Gernot Schieszler was granted status in the Telekom trial in 2013. "Here, the public prosecutors meticulously brought all the pieces together and only proposed when everything was watertight for them. That took time, but then the status was fixed," says a lawyer. With Schmid, it was the other way around - "here the WKStA quickly agreed to the request of a key witness Schmid. But apparently the Ministry of Justice is skeptical".

Recoveries in the millions
But one thing is also certain: the judge in the trial for false testimony against Kurz attested to Schmid's absolute credibility. This is one of the reasons why other experts believe that Schmid will be granted this status. If this were to happen, the proceedings against Kurz and nine other defendants in the "embellished studies" case in Wolfgang Fellner's "Österreich" would gain additional momentum.

Apart from this, the Republic has joined these criminal proceedings against Schmid and two other defendants via the State Financial Procurator's Office. At stake are claims for restitution in the millions. It is unlikely that Schmid will be able to pay this. However, restitution is also a prerequisite for leniency.

So there are many unanswered questions. The case will take some time. The presumption of innocence applies to all those named.