But no verdict yet

Viennese “Santa Claus” sits before a jury

The defendant is called "Santa Claus" in the prison.

A 60-year-old Viennese man, who is called "Santa Claus" by fellow inmates, has been charged with attempted murder. He had stabbed a man in Sigmund Freud Park in Alsergrund. According to his own statements, out of "emergency aid". He is said to have fended off an attack against his friend from Africa. Witnesses saw it differently. The sentence has now been suspended.

He is a master tiler and stove fitter, has the Fiaker exam and could work as Santa Claus in any shopping center during Advent. This is probably also the reason why the 60-year-old is called "Santa Claus" by his fellow inmates in Josefstadt prison. On Monday, he is not sitting in front of waiting children with shining eyes, but in front of a jury in room 401 in Vienna's provincial court. There, the man with the white hair and white beard faces life imprisonment in the worst case scenario.

Five stabs to the stomach and upper body
He is charged with attempted murder and is said to have stabbed a man in Sigmund Freud Park in the 9th district opposite the main university on July 29 last year. "His victim and he happened to be in the park at the same time," said the public prosecutor. "They got to know each other, danced and philosophized about life," he pleads. At some point, the situation turned sour. During the argument, he first knocked the victim over and, when he got up again, stabbed him five times in the stomach and upper body.

"I plead guilty", the accused admitted. However, he had acted out of necessity. He had first gone to visit his former Fiaker colleagues in the 1st district, then - equipped with a bottle of wine and a good book - met a friend from Africa in the park: "The later victim approached drunk and attacked his friend," explained defense lawyer Anita Schattner. "He stabbed him so that he would finally stop attacking him."

Contradictory statements
The 60-year-old had previously pushed his later victim to the ground several times. "I was a judo fighter and had a brown belt," says the 60-year-old. But the man kept getting up and punching him again and again. "By then I was very exhausted and my nerves were shot. I lost my stamina and got scared." Which is why he reached for the folding knife he was carrying in his trouser pocket. "I reacted wrongly. It wasn't right," he affirms in a slow, clear voice.

Judges locate error in jurors
However, the statements of the defendant and the witnesses differed, which meant that the trial ended on Monday evening without a verdict. The jury rejected the attempted murder charge by a vote of 7:1 and decided on aggravated assault. The three professional judges then suspended the verdict due to an alleged error by the jury.

Trial must be repeated
This means that after the Supreme Court (OGH) has reviewed the case file, the trial against the man must be repeated at the regional court before a newly composed jury. The previously innocent man will remain in custody until then.

His defence lawyer Anita Schattner criticized the approach of the professional judges. "If a jury's decision is not accepted after a detailed evidentiary procedure, this leads the lay judiciary ad absurdum," she said.