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The 45th day of the trial against former Finance Minister Karl-Heinz Grbader and others against corruption began today with an attack by Grbader's defenders against the media. Lawyer Manfred Ainedter called the ticketing stop in the hearing room and said he had filed a media law statement against the former Green MP Gabriela Moser and a former member of parliament. journalist
© APA / HERBERT NEUBAUER
The trigger is an interview with Moser earlier this week. To understand: Moser had introduced in 2009 with a statement of facts the accused Causa Buwog in motion. Moser wants to influence the decision of the aldermen with critical remarks about Grbader, so the accusation of Grbaders lawyers today. And it's punishable. Moser have their information from media reports, they are probably suing the teletypewriter live, Grbaders' lawyers said.
Alderman should have avoided being biased
Grbader's co-counsel, Norbert Wess, also reminded the six aldermen of the presumption of innocence and to avoid any feeling of bias.
Wess added more The media that he said did not properly report the individual aspects of the process. And even worse, not a single viewer would have correctly reported yesterday's petitions from the defense, Wess said Wednesday at the Grand Circuit court.
Judge dismisses request for ban on teletypewriter
Judge Marion Hohenecker today denies the request of the defense attorney of the former Minister of Finance Karl -Heinz Grbader (FPÖ / ÖVP) to ban the viewer, Grbaders' lawyers had requested that the judge, in his session font function, prohibit the teletypewriter, inter alia because they would report an error.
"I have to stay calm and order here because after the live tickers do not interfere with the audience, it does not seem compelling to approve the request for the ticker ", she said, quoting the" Vienna Commentary ". on the subject. Any media lawsuit would have nothing to do with the lawsuit.
"This process affects the entire republic because the allegations in the room are mbadive," she said. "This mbadive accusation requires an in-depth argument." In the hearing room, however, counted only "numbers, data and facts" and not media rights disputes, the judge said.
Attorney General Alexander Marchart also spoke: all that the Grbader lawyers had advanced had nothing to do with the trial of the guilt or innocence of the accused. Media articles or media procedures are not the focus of the main audience. It is also completely indecisive what Gabriela Moser's interview has to do with the lawsuit or with live tickers, Marchart said.
He sees no influence on witnesses or aldermen. On the other hand, the main defendant, former Finance Minister Karl-Heinz Grbader, contacted a potential witness even outside the main audience.
The exclusion of the editor of FALTER asked
Meischberger's lawyer filed a motion requesting that the editor of Mendelian, Florian Klenk, designated as a witness by the defense, be excluded of the trial. Klenk was in the room in the morning, then shortly at the time of the application – now he has entered the room again.
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Review: Already cover the journalist Sankolkhar excluded from trading in December
middle In December, the journalist and Scout author Ashwien Sankholkar was excluded from the trial as a journalist and listener. Grbader's lawyer, Manfred Ainedter, had submitted the application. At the time, Ainedter justified his contention by stating that Sankholkar was on the list of witnesses wanted by the prosecution in the indictment
The Judiciary Senate now recommends the following. expulsion
The Senate now advises Klenk to be expelled. He appears on the list of defense witnesses
Exclusion of the request of the editor of FALTER
© APA / Punz
Klenk was in the audience hall until recess. Lawyer Meischberger has requested the exclusion of the editor of FALTER and the witness Florian Klenk because he is still questioned later in the process
Meischberger's lawyer files the petition that Florian Klenk, the editor of Falter, was named witness by the defense, is excluded from the negotiation. Klenk was in the room in the morning, then shortly at the time of the application – now he has entered the room again.
Judge: Now mandatory morning break until 11.30 clock
Judge refused the request to ban the Ticker
His impression of Meischberger had been that the financial and stock markets are not had been his subject. Meischberger asked him for some advice, Grbader says. "I do not like doing that – a recommendation may be good or bad, but at Meinl International Power it was clear." He advised Meischberger on this investment, and also published it to the public
The Judge comes to Meischberger's investment in the Meinl papers (shares of Meinl International Power, where Grbader was working) to talk to. Has Grbader told him about it? "I've talked to many investors ", says Mr Grbader, also with Meischberger – whom he knew he already had some stock in.
It was worrying to find additional investors to drive up stock prices.
He s'. is now acting on the trust agreement with the company Ferint Den has signed Grbader.The judge asks with whom he negotiated the contract.It speaks to the manager Mr. Sch., who has been authorized to sign for Ferint AG? Not him, says Grbader. Because it's on the part from Meinl Bank M. Sch. as the responsible person was suggested. He did not question that, and there was no reason for that, Grbader said.
Now the judge continues his interrogation of Grbader
The judge says: As a policewoman of session, she must ensure peace and order. Live tickers would not bother them. It does not therefore seem necessary to give in to the request for a teletypewriter
The complete file is in the judge's room. Also on the computer, he was there to sift. The judges available to the aldermen at any time, as the judge does once again very clearly.
The judge reconciles with her role as a sitting policewoman – and she says now: A public trial is an essential pillar of criminal proceedings. "The main audience is public," Marion Hohenecker clearly explains.
These are figures, dates, facts in this trial. As a result, she had so far "meticulously and accurately" reviewed the documents with the accused. "It can be boring for some." But the charges that are in the room are mbadive, so the judge. This is why it must be done with great care. "This is due to this procedure."
Prosecutor: The claims have nothing to do with the trial
Today 's motions are unrelated to the main proceedings, said Attorney Alexander Marchart. These will refer to the media law. It is "whether the accused are guilty or not". Marchart cited as an example that there are also interviews with defendants' attorneys, a homepage on litigation by an accused, and Grbader recently called a former secretary.
Now the prosecutor is speaking. He had thought long and hard about even saying something about the motion
At this general meeting, it was only a matter of clarifying whether the accused had accepted bribes or not.
Aspects of the media law had nothing to do with that. According to the prosecutor, Grbader's defense has not conclusively stated why Moser's interview had something to do with live teletypewriters.
The aldermen are supposedly not objective. According to the prosecutor, there is no sign. And the accusation of influence has nothing to do with live tickers: it is to be excluded that aldermen read live ticker during the trial.
Ainedter now puts "the love of completeness" and the facts against Gabriela Moser and the APA journalist who had published the interview with Moser
The judge asks She must consider what she is doing in this case, if it is relevant to the case. This factual presentation is indeed a matter of media law, has nothing to do with the Buwog process. Judge Hohenecker points out: Only a court can determine if a law has been violated.
Wess files motion to prohibit live text coverage
As a police officer, the judge should prohibit journalists from presenting live textual coverage. Lawyer Wess.
According to Manfred Ainedter, Grbader's second lawyer, Norbert Wess, explains in detail why they are asking for the ban on the use of teletypewriters on behalf of KHG. Tickers are one-sided and distorting – often false.
(Small note from the oe24 Ticker from the audience room: Just a live ticker helps to rectify any misunderstood detail.)
Now Wess is applying for a Real refusal of The teletypewriters of the journalists present in the room
The judge reviews the application including the attachments
The lawyer Grbader Wess badyzes the interview of Moser
Moser would refer in part to live tickers and not just to the indictment, criticized the Grbader Wess attorney.
"Moser is informed about the live ticker"
Former Green MP Gabriele Moser had informed on the live ticker and was never present in the audience room , says Grbader Wess's lawyer.
Lay Judges Should Be Abstinent
Due to "one-sided media coverage", lay judges should be re-educated, so Wess. The lawyer makes a request.
Grbader's lawyer appealed for Moser's interview
Ainedter filed an advertisement for an interview with former MP Gabriele Moser on the Grbader lawsuit. It is a prohibited influence on criminal proceedings, so the lawyer Grbader. Ainedter and second lawyer Norbert Wess reported to Moser and the interviewer reporter
Excitement to muzzle
Lawyer Grbader Ainedter makes a request today. He wants to ban the coverage of the live ticker of the trial.
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