Vienna Mafia Trial: Acquittal of Involvement in Attempted Murder

Six out of eight jurors concluded that a contract killing allegedly planned, which was supposed to take place in late winter 2020 in Vienna-Ottakring and was aimed at the rival Kavač clan, had not reached the attempt stage.

Consequently, the accused was only convicted of criminal association. The jurors unanimously agreed that he was attributable to the Škaljari clan and was involved in the murderous plan in that he provided information and conducted surveillance. With a sentencing range of up to three years, the Montenegrin received the maximum penalty provided for this. He was not granted a conditional or partially conditional sentence suspension.

Verdict not final

The verdict is not final. The 29-year-old accepted the three-year unconditional prison sentence, and the prosecutor initially made no statement. The trial took place under heightened security measures, with six armed and masked members of the judicial guard task force stationed in the courtroom throughout the proceedings.

The prosecutor accused the man of being involved in plans from March 8 to 11, 2020, to eliminate a suspected member of the Kavač clan residing in Vienna. "He traveled from Montenegro solely for this reason," said the prosecutor at the beginning of the trial. His affiliation with the Kavač clan was proven, and proceedings related to serious gang crime were pending against the 29-year-old in Montenegro.

Specifically, the 29-year-old is said to have participated in surveillance at the intended crime scene and passed on the appearance, clothing, and companions of the target person to two contract killers flown in from Colombia, who were supposed to shoot the rival criminal. Previously, a bomb attack on the 57-year-old's car could not be carried out "due to technical problems," as the prosecutor said. The detonation of the explosive device did not work on February 22, 2020.

Murder plot failed due to communication problems according to indictment

The plan to have the 57-year-old shot 17 days later in or in front of a venue on Koppstraße failed, according to the indictment, due to the inadequate transmission of the exact location of the target person and insufficient or delayed communication. The two contract killers flown in from Colombia did not speak Serbian, and the other side did not speak Spanish.

As the prosecutor said, at least ten representatives of the Škaljari clan were involved in the murder plans. Due to a "fateful coincidence," the 57-year-old survived. The translations conducted over chats from Serbian to Spanish took too long. By the time the Colombians were finally instructed, the 57-year-old had already left the venue, the prosecutor noted.

Defendant in Vienna refused to testify

"I am not guilty of what I am accused of," the defendant assured the jury. He was not willing to provide further information. He exercised his right to remain silent. He was not willing to answer questions from the court and the prosecutor, his defense attorney noted.

The defendant is incriminated by the evaluations of supposedly wiretap-proof crypto phones, which the mafioso Škaljari clan had used to communicate and which foreign authorities were able to decrypt. This communication was made available to the domestic Federal Criminal Police Office. The defense attorney opposed the use of this data, on which the indictment is solely based. These are "not usable," the lawyer stated, "the end does not justify the means." The

Apart from that, the incriminated event "did not even reach the attempt stage." Nothing happened that would suffice for a possible conviction: "The evidence procedure will show that there is not enough evidence and my client will be acquitted."

Court declared use of chats permissible

The panel of three professional judges declared after lengthy deliberation that the judicial use of the chats was permissible. A motion by the defense attorney not to use these for finding the truth was rejected.

The 29-year-old, for whom the Austrian law enforcement authorities had initiated search measures, was arrested at the border with Bosnia in January 2024 and subsequently extradited. He has been in pre-trial detention in Vienna since May. He has so far refused to provide any information about the criminal acts he is accused of.

He was first imprisoned in connection with the failed murder plot in Vienna in the summer of 2020, in his Montenegrin homeland. There, he claimed that the incriminating chats were merely "a joke on the phone," he "did not want to kill anyone."

According to the prosecutor, the two masterminds behind the plot were kidnapped and shot in Turkey and Montenegro in October and November 2020, respectively. Prior to this, they were "cruelly tortured by the other group of perpetrators," reported the prosecutor. He referred to photos of the disfigured corpses that were discovered on analyzed encrypted phones and are part of the court records.

One of the two Colombian contract killers died of pesticide poisoning in August 2023, according to Interpol. The operational leader of the plot was arrested in February 2024 in the Montenegrin city of Bar. An Austrian arrest warrant has been issued against him. Whether he will be extradited to the Vienna judiciary is up to the Montenegrin authorities to decide.

Target of the Plot in the Witness Stand

The 57-year-old, who according to the indictment was supposed to be killed, responded to the presiding judge's question about how he explained that someone wanted to take his life: "I don't know what to say about that. You have to ask him (meaning the defendant, ed.)." When further asked if it had anything to do with a clan involved in "criminal drug trafficking," the witness said: "I am the father of six children. I have never had anything to do with a criminal organization in my life." He naturally had a "negative attitude" towards the Škaljari clan.

Furthermore, the 57-year-old emphasized: "I don't know why anyone would do anything. My family and I have done nothing." He initially assumed it was a misunderstanding when he was informed that he was supposed to be killed. However, he declined personal protection for himself and his family.

A 47-year-old was considered a second possible target, who also could not explain it while on the witness stand: "I have been here for 20 years (meaning: in Vienna, ed.). I have nothing to do with this matter." When the court pressed further and wanted to know what he knew about the Škaljari or Kavač clan, the man replied: "I would be a policeman if I knew that. I know about Cevapcici."

A representative of the Federal Criminal Office explained the background of the bloodshed to the jurors. The two rival clans originate from the eponymous places in the vicinity of the Montenegrin city of Kotor and have been in deep enmity for over ten years. 80 murders across Europe are attributed to the clans. The investigator described the proceedings as a "counterattack against the Figlmüller murder." On December 21, 2018, 31-year-old Vladimir R. was shot in the head in front of the traditional Viennese restaurant Figlmüller on Wollzeile, and his younger companion was seriously injured. The two victims belong to the Kavač clan.

(APA/Red)

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