Diversion for ÖVP Club Chairman Wöginger Overturned

The OLG Linz has upheld a corresponding complaint by the Economic and Corruption Prosecutor's Office (WKStA), as "the specific conditions for a diversion in the case of abuse of authority are not met," it was stated. Wöginger must now return to court. The ÖVP continues to stand behind him, according to Secretary General Nico Marchetti.

In a crime of abuse of authority, a diversion is generally only "permissible in exceptionally minor cases," the OLG further explained. In the "post allocation case" of Wöginger and two co-accused tax officials, "the purely financial disadvantage of the most suitable applicant who did not get the position, who had to be compensated by the Republic of Austria for the salary difference of several thousand euros until her retirement, no longer meets the criterion of merely insignificant damage."

Reputation of public administration "significantly impaired"

Furthermore, the appointment of the less suitable executive has "significantly impaired" the reputation of public administration and the public's trust in state institutions and their work, it was further stated in the reasoning. Therefore, the responsible senate at the OLG Linz saw "no room for the assumption of merely minor or otherwise insignificant damage to rights." The criminal proceedings against the three defendants are therefore to be continued.

He remains convinced that his client's behavior is not punishable, Rohregger told ORF and APA. The acceptance of the diversion offer by Wöginger is not associated with an admission of guilt, he therefore expects an acquittal. The lawyer criticized that the ÖVP club chairman was not heard in the appeal proceedings. From his point of view, this is not compatible with the constitution, said Rohregger. The OLG has announced a press release for the afternoon.

"Post allocation" accusation

The Economic and Corruption Prosecutor's Office (WKStA) had charged Wöginger and two tax officials with abuse of authority. They accuse them of "post allocation." Wöginger is said to have intervened in 2017 with the former Secretary General in the Ministry of Finance, Thomas Schmid, for a party friend and ensured that he became the head of the tax office for Braunau, Ried, and Schärding. A better-qualified competitor did not get the position. The co-accused tax officials were on the appointment committee.

The anticipated mega-trial did not materialize for the time being - the three defendants, who had previously denied the allegations, declared a "taking of responsibility" and requested diversion. With the payment of five-figure fines - 44,000 euros for Wöginger, 17,000 and 22,000 euros for the other two - the proceedings were discontinued.

Complaint Following Directive from the Public Prosecutor's Office

The representatives of the WKStA agreed to the diversion in the courtroom, although they saw it as an "absolute borderline case." However, under the directive of the Vienna Public Prosecutor's Office (OStA), the Economic and Corruption Prosecutor's Office had to file a complaint against it. A senate of the OLG had to decide on this. It appears that the complaint was upheld, which means the proceedings are likely to continue soon.

ÖVP Continues to Support Wöginger

"We are surprised by the annulment of the diversion," responded ÖVP General Secretary Nico Marchetti. "Club chairman August Wöginger has taken responsibility, however, he and we are convinced that he has not committed any criminally relevant act." The ÖVP fully supports Wöginger and is "convinced that he will emerge from the trial as an unblemished man."

Regarding political consequences, Green Party leader Leonore Gewessler stated that she would have made a different decision than Wöginger. There had been no such consequences for the ÖVP club chairman so far. The fact that Wöginger must appear in court again also shows "that the ÖVP's jubilation over the acquittal was politically and factually inappropriate." Gewessler now has "the greatest confidence that this trial will be conducted with care."

(APA/Red)

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