Trial in Feldkirch

Sender case: the law of silence applies

The three defendants had told the police some fairy tales.

(Bild: Chantal Dorn, Krone KREATIV)

Shooting attack in front of the "Sender" nightclub: on Friday, three more employees of the club were convicted of making false statements at the Feldkirch regional court. An abstruse parallel world in which the perpetrators are covered up rather than helping the police is becoming increasingly apparent.  

All of the defendants were accused by the public prosecutor's office of giving false evidence and aiding and abetting. The defendants are a waiter and two bouncers. They had made false statements when questioned by the police after the shooting attack on January 27, in which two people were seriously injured.

During the trial, the innocent men stated that they had lied to the police out of fear. It was a conflict between Chechens and Kurds, according to one of the accused bouncers, who provided first aid and called the ambulance. "One of the bloodied victims said to me that I shouldn't mention any names." After the crime, another Chechen approached him and said "that we should watch out if another black car drives past - we might be shot at".

Another bouncer said in court: "If someone shoots at two guys as if it's normal, I don't want to know what they'll do to me if I tell the truth." In this respect, all three defendants pleaded guilty to the charge of giving false evidence. However, the three former Sender employees pleaded not guilty to the charge of favoring the 28-year-old Kurd, who has since been charged with attempted murder. They had not known Ali Haydar D. personally and were not interested in helping him, they explained.

Keeping perpetrators, victims and witnesses together
Judge Lisa Pfeifer took a different view: "Ultimately, however, the aim was to prevent the shooter from being prosecuted, albeit out of self-protection." After the shooting attack, there was "unprecedented solidarity between the perpetrator, victims and witnesses", said the judge. However, the police are urgently dependent on the truthful statements of witnesses in the prosecution of criminal offenses. "We simply don't want that in Austria," said the judge, referring to the behavior of the three men.

Judge Lisa Pfeifer.

(Bild: Chantall Dorn)

The two bouncers were sentenced to six and four months' probation respectively for giving false evidence and favoritism. They were also ordered to pay a fine of 9,000 and 4,200 euros respectively. The third defendant got off with a fine of 1440 euros. The sentences are not yet final.