ÖVP Club Chairman Wöginger Must Answer to Linz Court

The charge is abuse of official authority. Wöginger is accused of intervening with the former Secretary General in the Ministry of Finance, Thomas Schmid, on behalf of a party friend and ensuring that this person became the head of the tax office for Braunau, Ried, and Schärding. A verdict is expected at the end of November.

Also charged are a 63-year-old and a 60-year-old tax official - both ÖVP members. The two are accused of deliberately rating a candidate - an ÖVP mayor in a small Upper Austrian community - better as a member and chairman of the evaluation commission that decided on the new head. The position was vacant due to a retirement. The long-time tax official who had been leading the tax office on an interim basis since October 1, 2016, and had been practically solely responsible for several months before, lost to the mayor in the application process. In April 2021, the Federal Administrative Court determined that she was the best-suited candidate and "significantly more" qualified than he was.

In a conversation with the 63-year-old, the candidate got the impression that he favored another person. However, he did not ask her to refrain from applying. After rumors emerged during the application process that a favored candidate had already been chosen, and based on her long experience in public service, she assumed there was "something to it," she went to the hearing with a "somewhat bad feeling." There, the 63-year-old, who had always praised her before, reportedly asked "deliberately assertive" questions.

Wöginger Listed as Instigator

The reason for this is said to be an intervention by Wöginger, who is listed as an instigator. The later head of the tax office approached the member of parliament in advance, asking if he could put in a good word for him. According to the indictment, he may have also handed over his application documents to him. Wöginger is said to have promised him support, although no details were agreed upon between them.

For at least two months, Wöginger is said to have advocated for "his" candidate with Schmid. From December 2016 to February 2017, the two discussed the personnel matter - among other topics - multiple times over the phone and in person. The candidate's professional suitability was never a topic, according to the Economic and Corruption Prosecutor's Office: "There were no factual reasons for his support."

"The Mayor Owes You One!"

Schmid then had contact with the 60-year-old, who also had significant influence on the composition of the commission. On the day of the decisive meeting of the evaluation commission in February 2017, he wrote to the then Secretary General "Hi! with a stomach ache- but:" and added a thumbs-up emoji. Schmid replied: "My hero!"

Then he turned to Wöginger with the words: "We did it :-)). The mayor owes you one!" Wöginger was "totally happy" about it. Schmid also informed his immediate superior, the then ÖVP Finance Minister Hans Jörg Schelling, that the "intervention by Wöginger" was successful.

Candidate Was Rated Significantly Better Than Shortly Before

The candidate for whom Wöginger is said to have intervened had already wanted to become the head of the tax office a few weeks earlier, but for the one in Freistadt, Rohrbach, and Urfahr. The position was eventually given to another candidate. In the evaluation for the Braunau tax office, just ten weeks later and after the alleged intervention, the 60-year-old rated him significantly higher overall than shortly before. According to the public prosecutor's office, at that time only one member of the commission had no ties to the ÖVP. The woman rated the candidate significantly worse than the rest of the commission. She was no longer part of the commission for the position at the Braunau tax office.

Defendants Proclaim Their Innocence

All three defendants - the presumption of innocence applies to them - deny the allegations. In a counterstatement, Wöginger states that he was neither aware of the other applicants nor that an evaluation commission was appointed, and thus its members were known. There was no other motive to support his party colleague than his conviction of his qualifications. "There was and is no close relationship between him and me, and I was not otherwise dependent on his favor in any way."

He merely "forwarded a concern brought to me as part of my legitimate constituency work as a member of the National Council to the responsible authority. A daily occurrence in politics." He also gave feedback to the ÖVP mayor, and with that, the matter was concluded for him. Regarding the "public perception of the situation," he would act differently today and refer such a concern "to the official service route."

Thomas Schmid Summoned as Key Witness

In addition to the offense of abuse of office, the two finance officials are also accused of giving false testimony. After the interrogation of the accused, the interrogations of 31 witnesses will begin from the third day of the trial on October 21, 2025. There will likely be a significant media presence during the interrogation of Thomas Schmid - the key witness heavily incriminates the defendants. A verdict is planned for November 20. According to the public prosecutor's office, the conditions for a diversionary settlement are not met.

(APA/Red)

This article has been automatically translated, read the original article here.