Trial in Feldkirch

Victim seriously injured, perpetrator acquitted

(Bild: Krone KREATIV, Chantal Dorn)

Because the witnesses and victims refused to testify, a Romanian-born man was acquitted of the charge of grievous bodily harm at Feldkirch Regional Court. This pattern is familiar from many similar cases. 

Things could not go better for a defendant: The victims or witnesses make use of their right to withhold testimony during the trial due to their close relationship to the accused and consequently refrain from incriminating the accused. Ultimately, this also means that the information given to the police cannot be used and must therefore be considered irrelevant by the court.

First ex-wife then new girlfriend beaten up
Such scenarios are unfortunately commonplace in court, as the case heard in Feldkirch on Thursday shows: according to the public prosecutor, the 55-year-old defendant punched his ex-wife several times in the face during an argument in April last year. Even when she fell to the ground after being headbutted, the bully continued to beat her.

Three weeks later, the brute put the fear of God into his new partner when he pushed her against a cupboard, causing the 47-year-old to break two ribs. But the accused did not shy away from psychological violence either. He threatened to kill the employee several times. "I will throw you off the balcony if you don't keep your mouth shut," prosecutor Alexander Kaindl quotes from the criminal file. The woman then separated from the defendant. He in turn was charged with grievous bodily harm and dangerous threats and proceedings were initiated against him.

The great silence in court
On the advice of his lawyer, the accused did not comment on the allegations during the trial on Thursday, which is his right. The accused's daughter, who was supposed to testify as a witness in the case of the beaten ex-wife, also remained silent. And there was not a single incriminating word to be heard from the 47-year-old woman who had been so badly beaten up. Instead, she let the court know that she had returned to the Romanian-born man after all - whether out of love or fear can only be speculated.

Defense lawyer Alexander Wirth's strategy worked.

(Bild: Chantal Dorn)

And so, in the end, the sad fact was that Judge Silke Wurzinger had no choice but to acquit the 55-year-old of all charges due to the facts of the case.

Public prosecutor has not yet made a statement
The costs of the proceedings will therefore be borne by the federal government, i.e. the taxpayer. If he had been found guilty as charged, the brute would have faced up to five years in prison. Now he is still considered to be a blameless man. However, the last word has not yet been spoken in the case, as the public prosecutor has not yet made a statement and an appeal against the verdict is therefore possible.