Trial Against ÖVP Club Chairman Wöginger Started with a Twist

It had already become known in advance that the two also accused tax officials had submitted a "taking responsibility" statement to the court. During the trial, Wöginger's lawyer, Michael Rohregger, announced that his client would do the same.

Economic and Corruption Prosecutor's Office Agrees to Diversion

In the trial against ÖVP parliamentary group leader August Wöginger and two tax officials for abuse of authority, the Economic and Corruption Prosecutor's Office (WKStA) agrees to a diversion. Their representatives announced this after a break in the proceedings. The court then withdrew for deliberation. At the beginning of the trial, all three defendants had announced a "taking responsibility" statement.

With the taking of responsibility, a diversion would be possible. The senior prosecutors of the WKStA see the conditions for this as "just barely met": The victim suffered only minor financial damage and has been rehabilitated, the state was indeed harmed, but "no completely unsuitable" candidate was appointed, only a "less suitable" one. Additionally, the acts occurred almost nine years ago, and the accused have "behaved well" since then.

The WKStA accuses the ÖVP parliamentary group leader of "job trading." He is alleged to have 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. Also accused are two tax officials - the first accused was the head of the evaluation commission, the second accused was a member of the same. Wöginger, as the third accused, is listed as the instigator. The alleged intervention is said to have occurred in 2017, when Wöginger was already a member of the National Council. All three defendants - presumed innocent - had previously denied the allegations.

Trial in Linz: Wöginger Did Not Recognize the "Significance of His Actions"

"Magister Schmid could have understood it that way," but it was not Wöginger's intention for a better-qualified applicant to be overlooked, explained lawyer Michael Rohregger. "Had he recognized the significance of his actions, he would have acted differently." Wöginger himself insisted: "I see the matter with completely different eyes today," and the "understanding of politics" is different today. "With today's knowledge, I would not do it in this form anymore. I am truly sorry. I did not foresee it reaching this dimension, but I take responsibility."

"Widespread Phenomenon of Job Trading" Not Harmless

Previously, the senior prosecutors from the WKStA had presented the charges. The allegations "can be described as job trading," which is a "widespread phenomenon," but anything but harmless, they emphasized in the introduction. Unlike in other cases, there is "a lot of incriminating evidence" in this one.

At the center of the case is an ÖAAB official and ÖVP mayor. He initially applied for the head of the Freistadt tax office. The evaluation commission was then led by the first accused. The first accused, also rooted in the ÖVP, "supported the ambitions also due to party affiliation," according to the prosecutor. However, because another member of the commission "in accordance with the law" insisted on giving more consideration to professional experience, the man was not appointed.

Wöginger Allegedly Asked Schmid for Help

The mayor made a second attempt to secure a leadership position and subsequently applied for the head of the Braunau tax office. He asked Wöginger for support, according to the indictment. Wöginger then contacted Thomas Schmid, Secretary General in the Ministry of Finance, who in turn contacted the second accused - a finance official also rooted in the ÖVP environment and a member of both evaluation commissions. "Everyone was aware that this personnel request was also politically motivated." The second accused agreed to support the mayor.

According to the indictment, the composition of the evaluation commission was also manipulated: The personnel officer of the Central Region, who had prevented the mayor in the commission for the Freistadt tax office, was quickly replaced - even though she had already been appointed to the commission. "Why this was changed is not apparent from the files."

Better Qualified Interim Head Did Not Get the Job

The interim head of the Braunau tax office, who, unlike the mayor, could demonstrate leadership experience and further training and had received several commendations, also applied. She was provocatively questioned by the first accused, even though she had a clear advantage in terms of her qualifications. The mayor, on the other hand, "had not worked in any tax office since his basic training," according to the senior prosecutors.

The female competitor did not get the job, but the mayor did. The woman turned to the Equal Treatment Commission and was proven right. The Federal Administrative Court awarded her compensation for discrimination. She filed a complaint against the two commission members - she "did not know the role of Wöginger and Schmid at the time."

Schmid Chats in Focus

The WKStA also relies on chats from Thomas Schmid. He had contact with the second accused. 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!" Immediately afterwards, he wrote to Wöginger: "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.

Proceedings End Early with Diversion

If the court decides on a diversion, the accused would have to pay a fine, for example. If there are no objections, the proceedings would be legally terminated and they would not have a criminal record. Even though the WKStA has agreed to a diversion, it is clear that it would not make a decision on an objection on Tuesday, as it is subject to instructions and reporting obligations, as its spokesperson explained to journalists.

A diversion could significantly shorten the proceedings. In total, eleven days of hearings were scheduled, with 31 witnesses summoned. The accused would also save a lot: The threat of punishment ranges from six months to five years. A conviction of more than six months unconditionally or one year conditionally would also be associated with a loss of mandate.

(APA/Red)

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