OGH Deliberates on Verdicts Against Grasser & Co. in Buwog Case

The decision on whether Grasser will have to serve a prison sentence will be announced tomorrow, Tuesday, starting at 10:00 AM. Due to the complexity of the Buwog case, observers expect a lengthy verdict. The judgments of the jury court led by Marion Hohenecker from the year 2020 are not legally binding. Grasser was sentenced to eight years in prison for breach of trust, accepting gifts, and falsifying evidence.

Supreme Court Verdicts Against Grasser & Co. in Buwog Case Highly Anticipated

The highly anticipated decision of the five-member Supreme Court panel, chaired by Senate President Christa Hetlinger, marks the provisional conclusion of a real estate deal that has occupied the Republic for 21 years. At that time, around 60,000 federal apartments were sold for 961 million euros to a consortium around Immofinanz, while the losing bidder CA Immo had offered just 1 million euros less for the apartments. This caused surprise; however, it only became apparent a few years later that this privatization might have been manipulated when it became known that two of Grasser's friends - the former lobbyists Walter Meischberger and Peter Hochegger - had pocketed 9.6 million euros in commission from the Immofinanz deal. Another complex issue in the proceedings was commission payments of 200,000 euros in connection with the leasing of the financial authorities in the Linz Terminal Tower. During the proceedings, further smaller charges related to the Telekom affair were included in the trial.

Grasser Before Supreme Court: "This Proceeding Has Become the Maximum Penalty for Me"

During the two-day hearing at the Supreme Court last Thursday and Friday, the defense attorneys described the first-instance proceedings as "unfair" and "politically motivated," among other things. They perceived an objective appearance of bias in the first judge Hohenecker. Grasser also exercised his right to speak during the public Supreme Court hearing. He emphasized: "I have done nothing wrong," "I have a clear conscience," and "I can look at myself in the mirror." He stated that he had not committed any breach of confidentiality in the Buwog case during the privatization of the federal apartments, nor had he passed on any information in the case abusively. "I am firmly convinced that it was possible to achieve the highest possible price for the Republic," he emphasized regarding the Buwog sale to Immofinanz. "This proceeding has become the maximum penalty for me," Grasser said in view of the long duration of the proceedings. The General Prosecutor's Office cannot comprehend the "numerous alleged procedural errors" presented by the defense in the Buwog case. A bias of the first judge Hohenecker is not ascertainable, said a representative of the General Prosecutor's Office at the Supreme Court hearing. The General Prosecutor's Office is the highest public prosecutor's office of the Republic and advises the Supreme Court.

OGH Panel of Judges Did Not Conduct a New Evidence Procedure in the Buwog Case

The OGH panel of judges did not conduct a new evidence procedure but adhered to the facts established by the first court - in this case, the jury court at the Vienna Regional Criminal Court under Judge Hohenecker. The Supreme Court reviewed the judgment for any procedural errors, such as "bias of a judge," as well as errors in legal assessment. If there are no deficiencies, the judgment is confirmed, and the convictions are final, with no further legal recourse. A possible appeal to the European Court of Human Rights (ECHR) has no suspensive effect, and Grasser and others would have to serve their sentences. Alternatively, the sentence could be reduced, or the judgment partially overturned. In the case of procedural errors, the case is returned to the first instance for a new trial. In the case of legal errors, the Supreme Court decides. An acquittal is possible if the Supreme Court concludes that the defendants' behavior was not punishable. The decision is made by a simple majority in the five-member panel of judges.

The first court sentenced the second accused, former FPÖ General Secretary Meischberger, to seven years in prison, not yet final. He was convicted as an accessory to Grasser's offenses and additionally for evidence tampering. Former lobbyist Peter Hochegger received an additional prison sentence of six years. Furthermore, former Immofinanz CEO Karl Petrikovics was sentenced to an additional two years in prison for the federal housing privatization. The non-final first-instance judgment included four more convictions and six acquittals. Judge Hohenecker announced the oral judgment in December 2020, and the written judgment, comprising 1,280 pages, was issued in January 2022.

Buwog Case: Investigations Against Grasser & Co. Started Over 15 Years Ago

The investigations began in the fall of 2009 after a tax self-disclosure by Meischberger and Hochegger because they had not taxed the received commission. The question was: Did Grasser reveal to his friends, who advised Immofinanz, how high the bid needed to be for an award, thereby damaging the Republic? The former finance minister denies this to this day. In addition to the convictions, the OGH also decides on the private claims. According to the first judgment, the defendants must repay the received commission to the Republic of Austria plus four percent interest since 2007. According to media reports, the amount is nearly 17 million euros. If the conviction and sentence hold, the defendants will receive a summons to begin serving their sentences. After serving half of the sentence, in Grasser's case after four years, the former top politician could apply for early conditional release. After serving three years, he could apply for an electronic ankle bracelet.

(APA/Red)

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