No false testimony

Environmental lawyer: acquittal confirmed by the court

Environmental lawyer Ute Pöllinger is now legally acquitted.

(Bild: Pail Sepp)

Because the public prosecutor's office had appealed against the acquittal, the environmental lawyer for the province of Styria, Ute Pöllinger, stood trial again on Wednesday - this time at the Higher Regional Court in Graz. The case concerned the accused false statement relating to the investigations into the EIA scandal.

More than three years ago, the state's environmental department came under the scrutiny of the State Court of Audit and the public prosecutor's office after the "Krone" newspaper brought to light questionable conditions in Department 13. EIA decisions were allegedly formulated on a large scale by the project applicants themselves or their legal representatives.

Investigations were discontinued
In 2023, the Federal Audit Office substantiated the allegations. The Vienna auditors found that there had been inadmissible communication between representatives of the project applicants and the authority in several proceedings. However, the investigations into the EIA affair were then closed by the public prosecutor's office at the end of November 2024.

Prior to this, 13 defendants were extensively investigated. In addition to allegations of abuse of office and bribery, there were also accusations of providing false expert opinions. However, no evidence of abuse of office or other criminally relevant conduct was found. There will therefore be no charges.

She was convinced of the accuracy of her statement.

Die Richterin des Erstgerichts

Only environmental lawyer charged
Who was charged, however, was the Styrian environmental lawyer Ute Pöllinger. She was questioned by the police about the case in mid-November 2021. The lawyer was accused of wrongfully incriminating lawyers. According to the public prosecutor's office, Pöllinger testified to the police that they would pre-formulate or draft EIA decisions. A colleague had told her this. However, she did not mention that it was just gossip. A lawyer reported her.

"Had been convinced of the truth"
At the Graz Regional Criminal Court last August, Pöllinger was acquitted of the charges of giving false evidence "because she was convinced of the accuracy of her statement", Judge Julia Noack ruled at the time. Even though it has since emerged that the accusations were false. Pöllinger has also apologized for this.

The appeal by the public prosecutor's office against the acquittal was heard at the Higher Regional Court in Graz on Wednesday. The senior public prosecutor explained that the defendant had not pointed out during her interrogation that she was only passing on information from a colleague. "As a lawyer, she knows that there is a significant difference between passing on rumors and passing on definitive knowledge."

Defense lawyer Stefan Schoeller emphasized that his client was convinced of the accuracy of her statement. "It was a conviction at the time that turned out to be wrong." The lawyer also emphasized that the questions that the police asked Pöllinger about the lawyers were questions with a suggestive effect.

Even if information is obtained from gossip, it is possible to assume that it is true.

OLG-Richterin Sandra Berzkovics

"Statements credible"
After deliberating, the panel of judges did not uphold the prosecution's appeal. "Even if you obtain information from gossip, it is possible to assume that it is true," explained chairwoman Sandra Berzkovics. In addition, the investigators had only asked the environmental lawyer whether she could confirm an open secret. Although her statements had been false, it was credible that she was convinced of this at the time of the crime when the statements were assessed in a realistic manner.

The acquittal is therefore confirmed and legally binding. "Is it really over now?" Pöllinger wanted to know from her lawyer afterwards. "Yes, it really is over now!" nodded Stefan Schoeller.