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A 24 – year – old Romanian man was acquitted on Monday in the Provincial Court of Vienna of the indictment, nearly six years ago, with a fellow countryman in Meidling, a cultural scientist who was attacked in the street and seriously injured. The acquittal was only held by one thread: four of the eight jurors had been convicted by the defendant, who had declared himself "not guilty".
If only one more lay judge, Attorney General Anja Oberkofler, had followed, the 24-year-old would be sentenced to 10 to 20 years' imprisonment for attempting heavy robbery incriminated with effects. sustainable. The decision is not final. The prosecutor has not made any statements for the moment.
A 31-year-old scientist was badaulted on December 10, 2012 while he was going to a job interview with two perpetrators of the street badault. The graduate had left his home around 7:30. A few minutes later, at the intersection of a man approaching, he hit the center of his face. When he tried to bend down in front of his glbades, which had been hit in the face by the attacker, the latter tore his right arm in the air, while his accomplice gave him a blow. foot to the shoulder. The two men then seized their defenseless victim in the coat or in the back pocket to reach his purse.
A pbaderby became aware of the calls for help and intervened, which eventually put the thieves on the run. Previously, the witness was still able to remove the hood of the jacket of a criminal in anorak suit.
"DNA hits are unique"
Because of this evidence, a boy then aged 18 could be wanted and now had to answer a jury trial (President: Andreas Hautz). Inside the hood, traces of DNA could be attributed to the Romanian, now 24 years old. "The discovery of DNA is clear," said the prosecutor. The DNA expert, Martin Steinlechner, however, had to admit that the representation of the accused could not be totally ruled out. Previously, he had claimed to own the jacket in Anorak, but it was clbadified when it was to be washed. Himself had nothing to do with the offense, someone had to have taken the garment, dressed and so committed the crime.
"This variant is unlikely, but you can not rule it out," Steinlechner said. "Signals" would have been found at two or three of the 17 parts examined from the hood, although no evidence of any other cause was found. It is certain that the defendant wore the jacket with the hood torn during the attempted robbery "either as the last or for a longer period," said the expert.
The clothes "went somewhere and stole some new ones"
"I have never committed theft in my life," said the defendant, currently employed as a janitor in Vienna. During the time of the offense, he was homeless and had always worn his clothes until they were dirty. In the absence of a wash option, he had then "left the clothes somewhere and stole new ones," said the accused.
A second Romanian, who was sentenced by the Vienna Regional Court in February 2014 to nine years imprisonment for a five-fold robbery, was reportedly involved in the crime. One of the victims – an elderly man – died as a result of his head injuries. The deported person was then deported to Romania to serve his sentence. For the moment, it is not available for the judiciary of Vienna.
The indignant cultural scientist had to undergo an operation at the shoulder after the crime because several tendons and the condyle had been severely affected. The surgical intervention resulted in no lasting improvement. Presumably, the 37-year-old will soon be using an artificial shoulder joint.
(APA)
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