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Next Round in Trial Against Pilz in Pilnacek Case

On Monday, the trial against Zack Media GmbH and publisher Peter Pilz continued at the Vienna Regional Court. The accusation is defamation in connection with Pilz's book about the death of former Justice Department head Christian Pilnacek. On Monday, the relevance of data from Pilnacek's smartwatch was among the topics discussed.

Police Director Takacs and others feel defamed by a book by the former parliamentarian Pilz and are demanding its confiscation. In Takacs's application, it is claimed that the book accuses him of criminal behavior. Therefore, he demands confiscation and publication of the judgment as well as compensation for defamation according to the paragraphs of the Media Act. Takacs criticizes that the book suggests Pilnacek was murdered in October 2023, which the authorities allegedly cover up, although investigators assume suicide. He sees himself portrayed as part of these "unfair" proceedings and takes issue with the claim that he informed the media about Pilnacek's death and warned officers, after which a "turquoise police chain" formed around him.

Evaluation of Smartwatch Topic in Trial Against Pilz

On Monday, the investigation steps were once again a topic. Unlike Pilnacek's phone, which was not evaluated by the investigators (and which, according to her own statements, was later destroyed with a blowtorch by Pilnacek's wife after it was handed over to her), the smartwatch of the deceased top official was indeed evaluated by the investigators. The fact that the phone was immediately handed over to the widow and not evaluated, but the smartwatch was later analyzed, was justified by Lower Austrian Chief Inspector Hannes Fellner in the witness stand by stating that in another case a smartwatch played a role - "and so we had the idea whether it might be possible to trace the time of death or the last path from the smartwatch." The intention was therefore to evaluate the watch in this regard - and this was also agreed with the Krems public prosecutor's office.

No Health or Geo Data on Smartwatch

The phone was not treated the same way because Pilnacek had left it in the house in Rossatz before his death, said Fellner. Therefore, it had "no relevance" for the investigators. It was only about evaluating the watch regarding the time of death. However, no "health or health data" could be found on the watch, nor any geodata, according to Fellner on the results of the evaluation by experts. The judge's question whether Fellner had deleted or manipulated any data on the smartwatch was clearly denied by him. A folder with "deleted files," which was reported, can be found on every device, said the officer.

Pilz Sees Contradictions

The fact that the smartwatch was secured, but not the phone, already caused discussion on the previous trial day. Pilz already identified a contradiction between the final report of the State Criminal Office created by Fellner on January 8, 2024, and the IT report of the Krems public prosecutor's office: Fellner stated in his report that "the evaluation of the data available on the smartwatch did not yield any data relevant to the present investigation, in particular, there are no entries regarding GPS locations and health data," as stated in the report also available to the APA. In the IT report of the Krems public prosecutor's office, however, it is noted that "apparently many data are present in databases, which can serve to examine the last hours of Mag. Pilnacek more closely. In particular, the database (...) contains, among other things, obviously heart, wrist movement, and other events, which may allow more precise conclusions."

Collection of Pilnacek's Items at the Request of His Partner

The collection of Pilnacek's personal belongings by police officers from his then-girlfriend and her cohabiting friend in Rossatz, where Pilnacek was last present before his death, was also discussed. The officers went to Rossatz because the two women had asked what they should do with the items (including Pilnacek's phone and apartment key). Both did not want to have contact with Pilnacek's relatives or his wife - hence this route was taken at their request. The further handover to Pilnacek's wife then took place through her lawyer, according to Fellner.

A laptop belonging to Pilnacek was not mentioned during the handover - he only learned of its existence about two weeks later when Pilnacek's wife asked about it, according to Fellner. He then inquired about the laptop in phone calls with Pilnacek's former girlfriend and her roommate. However, they stated that they had no awareness of a laptop. However, the police officers who stopped Pilnacek during his drunk driving the night before his death reported that Pilnacek had taken a black briefcase from his car before getting into the car of his girlfriend's roommate (from whom he was picked up and drove to Rossatz). The subject of Fellner's interrogation was also the assessment of Fellner and the investigating officers, who very early on assumed the former top official's death was a suicide. All officers on site when the body was found assumed it was a suicide, said Fellner.

Police Officer: "No Doubt About Suicide"

Also called to the witness stand on Monday was the criminal investigator who photographed the alleged footprints of the deceased on the Danube beach at the location where Pilnacek's body was found. He stated that no blood traces were found there, but a cigarette pack of Pilnacek's brand "Camel" was found. There were no indications of foul play at the scene, the officer emphasized, everything was "very clear." The community doctor saw it the same way and communicated this - there was no doubt about the suicide from anyone. He also stated that he had not received any instructions from any superior or anyone else on how to proceed, he said in response to a question from the judge, who was likely referring to the accusation of the "turquoise police chain" by Pilz.

Prosecutor: Autopsy Due to "Unclear Discovery Situation"

A slightly different picture was then drawn by the former prosecutor from Krems, who was also called to the witness stand and had ordered an autopsy at the time. A policewoman had contacted her and requested the release of the body - and resolutely stated that she did not find an autopsy necessary. "Just because he is famous, we don't need to do that, it's a waste of money," she said. "That was a statement that surprised me," said the witness. She then ordered the autopsy due to the "unclear discovery situation." The community doctor had communicated differently to her than what was conveyed by the previous witnesses: She said it was not so clear to her, "he is lying on his back, the face is up, and the water is not so deep and he is atypically blue."

Continuation of Trial Against Pilz on Tuesday

The trial continues on Tuesday. Then, among others, Pilnacek's former girlfriend and her roommate and employee of former National Council President Wolfgang Sobotka (ÖVP) are summoned, with whom Pilnacek had lived in Rossatz before his death.

(APA/Red)

This article has been automatically translated, read the original article here.

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