What is it about?
A key witness must voluntarily approach the public prosecutor’s office, confess with remorse about his contribution to the crime, and reveal his knowledge of new facts or evidence that will significantly contribute to the comprehensive solution of the crime. A potential key witness should not have previously been tried as an accused in such acts. No coercion, such as arrest or house search, was used against him because of these acts. This is stated in the Criminal Procedure Code.
Reason for exclusion?
This is where the lawyer gets stuck Class Ainedar A. On October 5, 2021, Schmidt was reported by WKStA to be suspected of breach of trust and corruption in connection with the call-scraping Austria tool. He was charged with three counts of treason. On March 7, 2022, he was questioned as a defendant on three counts of infidelity, whereby he “exercised his right not to testify in this matter.”
This means that Schmidt has the status of a key witness to all 13 facts of the betrayal. […] Excluded,” says Eineder’s report. According to him, “being investigated as a suspect for a single act (before actually opening; note) is sufficient to exclude the role of a leniency witness.”
Schmidt testified extensively at the WKStA until the summer of 2022. He accused some prominent ÖVP representatives, such as Kurz, of alleged survey financing (the leg-scraping Austrian apparatus) and other charges.
Known facts are confirmed
But there are even more criticisms of the potential key witness. “In the main trial against Sebastian Kurz and Bernhard Bonelli at the Vienna Regional Court, Schmidt mostly did not reveal any knowledge of new facts or evidence to the WKStA, but confirmed facts already known to the WKStA,” writes attorney Klaus. Inator to the Ministry of Justice.
The technical supervisory authority “must have obtained key trial minutes, as Schmidt often only confirmed detailed allegations from the WKStA, although these confirmations were generally mere assumptions.” In early November 2020 Schmidt was investigated as a suspect in the Casinos Austria investigation complex and the appointment of FPÖ man Peter Sydlow to the casino board. It was only in April/May 2022 that he approached the WKStA for leniency status.
Legal interpretation?
“Schmidt therefore used tactics for a year and a half and gathered or withheld information about crimes committed by third parties so that he could ‘buy himself out’ of criminal responsibility in connection with several key witness crimes,” Eineder writes.
He suggests that the legal defense officer clarify Schmidt’s case in court.
“The law enforcement officer’s primary task is to conduct investigations based on the facts presented to him in order to ensure law enforcement,” Iineder tells the Courier. “Thomas Schmidt is denied leniency status as a result of such restriction because the legal requirements are not met.”
