First Day in the Grasser Appeal Process: "Proceeding Was Not Fair"

In the Supreme Court appeal proceedings regarding the conviction of former Finance Minister Karl-Heinz Grasser in the Buwog trial, the defense focused on the then-judge in the criminal proceedings, Marion Hohenecker, on Thursday. She was allegedly not competent for the proceedings in which Grasser received a non-final sentence of eight years in 2020 and had overstepped the law, according to the accusation on the first day of the hearing at the Vienna Palace of Justice.

Judge Biased? Lawyers Speak of Unfair Treatment

The trial at the Vienna Regional Court with the non-final conviction of Grasser in December 2020 was "politically motivated," and the 1,300-page judgment would "not withstand scrutiny," according to Grasser's lawyer Manfred Ainedter. And colleague Norbert Wess added: "The proceedings were not fair." There was an objective appearance of the judge's bias. Wess pointed out, for example, that the defense and the defendants were disadvantaged in the seating arrangement. Wess also criticized extensive photo and audio recordings in the court, even during breaks.

"There Are Only Losers in the Proceedings"

Lawyer Michael Dohr, who represented the second defendant Walter Meischberger before Senate 14 of the Supreme Court today, emphasized that there would only be losers in the proceedings - even in the case of acquittals. This was due to the long duration of the proceedings and the media's prejudgment. Judge Hohenecker was biased, and there were also procedural errors. Dohr's conclusion: "At least justice can be served, and my client can be acquitted." On Thursday, the legal representation of the accused ex-lobbyist Peter Hochegger was brief, as the accused himself was excused from the Supreme Court due to health problems.

Otto Dietrich, lawyer for former Immofinanz CEO Karl Petrikovics, then took more time for his statements. He identified a prejudgment of the accused by Judge Hohenecker, and she also made technical errors, such as in distinguishing between the purchase price of Buwog and the total costs. After Dietrich's statements, Senate Chairwoman Christa Hetlinger ended the first day of the hearing. Proceedings will continue on Friday at 10:00 a.m.

Verdict Expected on Monday

Grasser's lawyer Ainedter stated afterwards that he expects a verdict from the Supreme Court on Monday. Grasser himself remained silent before, during, and after the hearing. He spent the lunch break with his best man Meischberger.

The case at the Supreme Court in Vienna concerns the privatization of around 60,000 federal apartments in 2004, during which, according to the 2020 jury court's verdict, Grasser and friends allegedly enriched themselves illegally at the expense of the Republic - which they deny. It also involves alleged bribe payments related to the leasing of financial authorities in the Linz Terminal Tower and irregularities at the partially state-owned Telekom Austria.

The case was brought to light by the now-deceased Green politician Gabi Moser. Party leader Werner Kogler reminded of this today. "Without you, this trial would probably never have happened. Thank you, Gabi," said Kogler.

Great Media Interest at the Start of the Trial

The trial day today was opened by the rapporteur of the Supreme Court Senate. She explained that the accusation of breach of trust and corruption directly concerns Grasser. Grasser knowingly abused his powers in Vienna and other places to the detriment of the Republic. The start of the proceedings on Thursday began in the Vienna Palace of Justice under great media interest. Some seats in the audience remained empty. The appeal process at the Supreme Court is scheduled for a total of four days. For the main defendant Grasser, much is at stake; he was sentenced to eight years in prison in December 2020, and his then-friend and lobbyist Meischberger received seven years.

The hearing at the Supreme Court is the (preliminary) conclusion to a real estate deal that has occupied the Republic for 21 years. At that time, the approximately 60,000 federal apartments were sold for 961 million euros to a consortium around Immofinanz, the losing bidder CA Immo had offered just 1 million euros less for the apartments. It emerged a few years later that this privatization might have been rigged when it became known that two of Grasser's friends - Meischberger and Hochegger - had pocketed 9.6 million euros in commission from the Immofinanz deal. The question then was: Did Grasser reveal to his friends, who advised Immofinanz, how high the bid needed to be to win the contract, thereby damaging the Republic? The former finance minister denies this to this day.

(APA/Red)

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