Scandal at Ott trial

Embarrassing! Forgotten about Jenewein’s extradition?

Hans-Jörg Jenewein and Egisto Ott in the dock.

(Bild: Holl Reinhard/Reinhard Holl)

The second day of the trial against ex-BVT chief inspector Egisto Ott and ex-FPÖ politician Hans-Jörg Jenewein ended after just five minutes. The reason for this, should it be justified, is embarrassing for the judiciary. According to Jenewein's lawyer, the waiver of the immunity of the former member of the National Council had been forgotten. However, the Vienna public prosecutor's office states that the immunity had been checked. And the Chief Public Prosecutor's Office is also certain: "Immunity did not exist!"

Hans-Jörg Jenewein was a member of the National Council for the FPÖ until 2019 and was also active as committee chairman. The incriminated acts that have now brought him to the dock in Vienna together with Egisto Ott, who is suspected of espionage, occurred during this time. The charges include violations of official secrecy and breaches of data protection regulations. According to the public prosecutor, Jenewein allegedly forwarded images from the BVT and Ibiza committees to Chief Inspector Ott and a journalist.

Lawyer: "Absolute immunity does not end"
The second day of the trial begins with a surprising motion from Jenewein's lawyer Christoph Rother. "My client was a member of the National Council at the time and enjoyed absolute immunity. The public prosecutor's office never formulated a request for extradition," he says, explaining that the proceedings against Jenewein were unlawful and should therefore be discontinued. Especially as the possibility of extradition has been time-barred for two weeks and absolute immunity does not expire even after leaving the National Council.

Trial adjourned indefinitely
Judge Andreas Böhm is surprised: "I assume that the criminal complaint has gone through all instances and that this has been examined." Such high-profile trials are also examined by the Ministry of Justice and the Council of Instructions. It is adjourned indefinitely. The invited witnesses are sent home without having achieved anything. Perplexity reigns in the courtroom.

Egisto Ott's defense lawyers immediately jump on the bandwagon. Josef Phillip Bischof is convinced that if the proceedings against Jenewein are unlawful, then they should also be dropped against Ott. The lawyers leave the large jury courtroom in Vienna's Landl district with broad grins on their faces. 

Vienna StA: "Immunity was checked"
"We have checked the immunity," Judith Ziska, spokeswoman for the Vienna Public Prosecutor's Office, said later. The file had been subject to reporting, the project report - the indictment against Jenewein and Ott - had been approved by the relevant authorities. The trial could probably be continued in December. And the Vienna Chief Public Prosecutor's Office also confirmed on Friday that no waiver of immunity would have been necessary "because such immunity did not exist at the time the investigations were initiated".