August Wöginger also wants to remain ÖVP Parliamentary Group Leader in the event of a first-instance conviction for abuse of office, as he explained at a press conference with his lawyer Michael Rohregger on Friday. However, he expects an "acquittal" in the now continued proceedings and therefore goes "confidently into the next days of the trial," said Wöginger. "I have done nothing wrong," he emphasized. A continuation is expected in the first quarter of 2026.
Wöginger intends to plead not guilty
He was "surprised" by the annulment of the diversion offered to him by the court, which the Economic and Corruption Prosecutor's Office (WKStA) had also agreed to, by the Higher Regional Court (OLG). In the soon-to-be-continued trial, he intends to plead not guilty despite taking responsibility. As he already emphasized in court, he regrets what his actions have led to. But: "I did not at any point influence the independent commission," said Wöginger. He did not even know that there was a commission or whether anyone else had applied.
The allegation that it was about party politics is also unjustified, said Wöginger, pointing out that the unsuccessful candidate in the application process for the board position at the Braunau tax office had herself stated that she had run for the Braunau ÖVP in the past.
Reference to acquittal for Kurz
"I remain Parliamentary Group Leader," Wöginger said defiantly, noting that the allegations against him were already known at the time of his election. This also applies in the event of a conviction, he said, referring to the appeal process and the acquittal in the second instance for former ÖVP leader Sebastian Kurz.
Criticism came from the pink coalition partner of the People's Party: NEOS Secretary General Douglas Hoyos reiterated that the allegations are not a "trivial offense." What happened in the Braunau case "is not politically acceptable," as Hoyos explained to ZIB. The criticism from the Upper Austrian state spokesperson for NEOS, Felix Eypeltauer, was more drastic: "Anyone who wants to remain the parliamentary group leader of a governing party even in the event of a possible conviction damages the trust of hundreds of people who work honestly and reliably in politics."
Search for trial date underway
The search for a trial date was ongoing on Friday. The judge is currently coordinating the trial dates with the parties involved. The continuation of the abuse of office trial against Wöginger and two co-accused tax officials, due to the alleged cronyism at the Braunau tax office, is expected in the first quarter of 2026, Linz regional court spokesperson Walter Eichinger announced on Friday.
Since the diversion is not a judicial verdict but merely a decision, the main trial at the regional court simply continues after its annulment. Only if a judge has "participated in a verdict that was annulled due to an appeal," must the first-instance trial be reopened, Eichinger explained. The Wöginger case thus remains with the current judge. The composition of the jury panel also remains unchanged.
The prerequisites for "apparent bias" would not be present in the case of an incorrect interpretation of the law, the court spokesperson further stated. In other words: Because the judge saw the prerequisites for a diversion as given, but the higher regional court interpreted it differently, this fact does not provide grounds for "apparent bias."
The president of the Linz regional court had already rejected a motion to disqualify the judge due to bias in mid-October, following the first day of the trial with the diversion offer. The applicant disadvantaged by the alleged cronyism for the head of the tax office position had requested this as a private party.
Directive of the OStA
The OLG Linz overturned the diversion for Wöginger in the abuse of office trial. This was preceded by a directive from the Vienna Public Prosecutor's Office (OStA) to the Economic and Corruption Prosecutor's Office (WKStA) to file a complaint. Thus, the proceedings that began in October must continue at the first court.
Wöginger was charged with abuse of office. In 2017, Wöginger allegedly intervened with the former Secretary General in the Ministry of Finance, Thomas Schmid, on behalf of a party friend and ensured that this person became the head of the tax office for Braunau, Ried, and Schärding. A better-qualified competitor was not considered. Two co-accused tax officials were on the selection committee.
(APA/Red)
This article has been automatically translated, read the original article here.