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Federal Prosecutor Michael Lauber, the secret secret talks with the boss of FIFA, Gianni Infantino, is fatal. Because he may be biased, the court forces him to go out.
For Michael Lauber (53), it is difficult. The Federal Criminal Court has stated that the federal prosecutor may be biased in the proceedings against the World Football Federation Fifa. He has to go out because of that. Jérôme Valcke (58), former FIFA Secretary General and former FIFA Financial Director and Deputy Secretary General Markus Kattner (48), had submitted corresponding applications.
There are several secret meetings of the Chief Investigator with Fifa President Gianni Infantino (49), who have been made public in recent months. Lauber did not record this information – although this is required by law.
Two other investigators were captured
Not only for Lauber, the meetings have legal consequences. In addition, the request for a statement against the former federal Attorney General, Olivier Thormann, and one of the current chiefs of the federal Attorney General approved the decision of the court.
Thormann no longer works for the federal prosecutor. Lauber had dismissed him because the allegation of lack of distance with the head of the Fifa legal department had been raised. A lawsuit against him was dropped later.
Meeting places are "unusual"
The judges of Bellinzona go to court with the highest investigator of the federal government. It is unclear why Lauber's participation in these secret talks for the process would have been absolutely necessary. The fact that he did not record the discussions had the consequence that their content was "beyond the control of the parties". "There is no transparency for them," says the Board of Appeal.
Lauber's approach can not be reconciled with the obligation to treat all parties equally and fairly and to grant them the right to be heard. This is all the more true as the venues chosen for the meetings – the Schweizerhof hotel in Bern and a restaurant in Zurich's main train station – are "at least unusual". All in all, it gives him an appearance of bias.
The court points out that there is no question of whether Lauber was actually biased or not. Only the appearance of bias is enough to justify a cancellation.
Fifa procedure in danger
The verdict of the federal criminal court is a blow to the federal prosecutor. The whole of this Fifa complex – altogether about 25 separate procedures – is in danger. Blick had warned in the spring of possible consequences for the criminal proceedings. "Thanks to the informal meetings, the whole process is dead," said a lawyer at the time, who is familiar with the complex.
The federal prosecutor is currently being disciplined because of the unregistered talks. That's why he had to shake for his reelection. Parliament deferred them because of the ongoing investigation this fall. The verdict makes the reelection of the Laubers even less likely.
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