Acquittal for Former Justice Minister Brandstetter in Trial for False Testimony

Ex-Minister of Justice Brandstetter was accused of falsely claiming on March 31, 2022, in the parliamentary committee that he could not hand over his phone on February 25, 2021, because it was at home. On that day, his phone was supposed to be secured at the Constitutional Court, where he was a judge. Later, phone data showed that the device was in his office at the Constitutional Court on that day. The Innsbruck public prosecutor's office therefore accused him of intentional false testimony.

Trial for False Testimony: Ex-Minister of Justice Brandstetter "Believed His Statement to Be Correct Until the End"

Brandstetter denied this in the Gray House. At the time of his statement in the committee, he had pneumonia, but nevertheless "absolutely wanted to make this statement. Excusing myself with medical certificates, that doesn't look good." He was "definitely sick" that day: "I had breathing problems. You can't fully concentrate like that, I'm sorry. I believed my statement to be correct until the end," Brandstetter insisted in his closing words. Furthermore, he would have had no reason to lie, as he was "almost retired" at the time of the committee questioning and no longer held his position as a Constitutional Court judge, emphasized the ex-Minister of Justice moments before the acquittal.

Regarding the timing of the delivery of the seizure order at the Constitutional Court, Brandstetter claimed that at the relevant time, due to his health problems and a serious car accident he had suffered a few weeks earlier, he had a "slight cognitive disorder." This caused memory gaps. "It was a traumatic, chaotic action. I was so dismayed and couldn't think clearly," explained Brandstetter. Therefore, he did not remember that he had taken his private phone from his residence in the Waldviertel to Vienna. Two hours after the conversation with the prosecutor at the Constitutional Court, he remembered. He then immediately called his lawyer and subsequently "proactively initiated" the handover of the phone. No changes were made to the phone.

Defense Lawyer: Ex-Minister of Justice Brandstetter "Was Convinced He Was Telling the Truth"

Brandstetter's defender Georg Krakow had already stated at the beginning of the trial that Brandstetter was in poor health at the time of his questioning in the parliamentary committee. He had "two pulmonary embolisms" behind him and "had breathing problems in enclosed spaces." The fact that the year before, Brandstetter's notebook was seized by a prosecutor and a police officer at the Constitutional Court (VfGH) during an investigation against the former Minister of Justice on suspicion of abuse of office, and that his official and private mobile phones were searched, had "exposed" Brandstetter at the VfGH and subsequently burdened him, said Krakow. As a result of all this, his client had "memory problems" during his questioning in the parliamentary committee - according to Krakow "a political tribunal": "He was convinced he was telling the truth." "Memory does not work like rewinding a film reel," Krakow noted. Memory is sometimes "inaccurate," "mixed," and "not always correct. This happens to all of us. Whoever is flawless, let them cast the first stone."

Psychiatrist: "Memory is not a burned DVD"

Essential for the acquittal were the statements of the court-appointed psychiatric expert Peter Hofmann. "Memory is not a burned DVD that records what happened back then," said the experienced court expert in his introduction. Brandstetter was in a "medically vital exceptional situation" during the attempted mobile phone seizure and nevertheless attended a VfGH session on February 25, 2021, which Hofmann called "incomprehensible." According to Hofmann, Brandstetter's condition at the time was "suitable to cause severe psychological stress and impair his memory performance." The "medical basis for a memory impairment, where he says things out of conviction that do not correspond to reality" was present. However, his report was "not a credibility test," noted the expert. Memory impairments are "not provable." The question of credibility is a matter of evidence assessment and thus a task for the court.

Report "plausible" for judge

The judge based his decision primarily on Hofmann's statements, which he described as "plausible." The former Minister of Justice and Constitutional Court judge was therefore acquitted, although the incriminated statement in the parliamentary committee was "objectively false" for the judge. As further evidence against a deliberate false statement, the judge considered the total of four hours of Brandstetter's questioning in the parliamentary committee and the fact that no manipulations were found on his private mobile phone between the attempted execution of the seizure order at the VfGH and the handover of the phone a few days later.

(APA/Red)

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