Species Trade Act

Acquittal in the case of the harpsichord made of tropical wood

The trial under the Species Trade Act revolved around such a musical instrument, called a harpsichord.

(Bild: Wikimedia/Gerard Janot)

A German man (45) living in Salzburg wanted to sell a musical instrument belonging to his mother on eBay. Instead of attracting potential buyers, however, he attracted the law: The public prosecutor's office sued him under the Species Trade Act because the instrument was made from a tropical wood. He emphasized: "I knew nothing about this rosewood".

A harpsichord, a keyboard instrument similar to a piano, was the focus of a criminal trial on Wednesday at the Salzburg Regional Court: a doctor living here and a native of Germany (45) had offered his mother's harpsichord for sale on the Ebay internet platform, as it was just sitting around in the living room of his parents' house. A German investigator promptly contacted him. And after interrogations and investigations, the previously blameless father of the family has to stand trial: under the Species Trading Act.

Defense lawyer: "I lack understanding"
Because the harpsichord was made from the protected tropical wood "Rio rosewood". It has been illegal to trade in this wood, also known as Brazilian rosewood, since the 1990s. "I'm not familiar with wood species and didn't know anything about this rosewood. It's not a special wood for me," the accused defended himself against the accusation. His mother had only asked him to sell the instrument for her.

She has owned it for 25 years and bought it privately at the time. The doctor also points to a sticker indicating that it was made in Germany. "Do you now need an expert opinion for every sale?" asks defence lawyer Kurt Jelinek and emphasizes: "I lack any understanding for the prosecution."

According to the judge, there is a lack of intent for a conviction: the crucial point is whether the sale would have an "impact on the state of preservation" of the tropical timber. This was not the case, therefore acquittal in case of doubt - not legally binding.