Grasser process: Further criticism of image and sound recordings during breaks

The fact that audio and video recordings were made during the trial against ex-finance minister Karl-Heinz Grasser and others before and after the main hearing as well as during the trial breaks in the jury court room of the Vienna Criminal Court ensures that expert criticism persists. However, there is no need for a new version of the procedure, as requested by the Grasser defenders.

Nevertheless, the allegations are serious. “Buwog – rule of law in danger,” headlined the Bar Association today in a press release. The rule of law is “not available” even when using digital aids. “The latest incidents of misuse of image and sound recordings in the Buwog process are unacceptable,” said Michael Enzinger, President of the Vienna Bar Association.

Innsbruck university professor of criminal and criminal procedural law, Klaus Schwaighofer, considers the court’s approach to be “objectively inadmissible”. Although the Code of Criminal Procedure (StPO) allows sound and image recordings in the main hearing (HV), breaks are not part of the HV, he said to the “standard”. Criminal procedure law professor Robert Kert (WU Vienna), in turn, criticizes above all “the massive violation” of fundamental rights, such as that on privacy or defense. The conclusion of the board of directors of the Institute for European Commercial Criminal Law: “The judiciary lacks sensitivity to fundamental rights.”

Stricter access rules

The “courier” Irmgard Griss, ex-president of the Supreme Court, said of the recordings: “They don’t shed good light on the procedure and the judiciary. It’s not okay. Even if, I believe, it’s not bad If a decision has been made, a court in particular has to strictly comply with regulations. For the defense, the recordings are “almost a stroke of luck”.

In the “Press” Innsbruck criminal lawyer Andreas Venier said that there was a “violation of the Code of Criminal Procedure”. He did not rule out the invalidity of the procedure, “however this case is not very realistic”.

Court President Friedrich Forsthuber described the recordings in the “Ö1-Mittagsjournal” yesterday as unfortunate, but sees “no reason for nullity that the secretary accidentally let the break run along”. Judges, public prosecutors or private parties would not have had access to it.

Judge Marion Hohenecker had already reacted yesterday and tightened the access rules to the Grand Jury Courtroom. Admission is now only allowed if the trial has been called. During the breaks “the room is cleared”, said the chairwoman of the judge’s senate. The next day of negotiations is June 17th. (apa)

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