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 is therefore "confident about the upcoming trial days," said Wöginger. "I have done nothing wrong," he emphasized. Meanwhile, the search for a trial date was underway at the Linz Regional Court.
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 had already emphasized in court, he regretted the consequences of his actions. However: "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 previously run for the Braunau ÖVP.
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.
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. When the abuse of office trial against Wöginger and two co-accused tax officials for the alleged cronyism at the Braunau tax office will continue is still open, Linz regional court spokesman 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 it is lifted. Only if a judge has "participated in a verdict that was overturned as a result of an appeal" does the first-instance trial need to be reopened, Eichinger explained. The Wöginger case thus remains with the current judge.
The prerequisites for "apparent bias" would not be met in the case of an incorrect interpretation of the law, the court spokesman 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 for bias in mid-October after 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 applied for 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 he became the head of the tax office for Braunau, Ried, and Schärding. A better-qualified competitor did not get the position. Two co-accused tax officials were on the selection committee.
(APA/Red)
This article has been automatically translated, read the original article here.