Murder Suspicion Against Winemaker: Lawyer Speaks of Assisted Dying

Since mid-July, a well-known Styrian winemaker has been in pre-trial detention in St. Pölten on suspicion of murder because he allegedly administered an overdose of sodium pentobarbital to a wealthy widow to gain her property. For Michael Dohr, the defense attorney of the 57-year-old, this accusation is "far-fetched." The man had provided legally permitted euthanasia for the woman, who was bedridden after a stroke and dependent on 24-hour care.

According to the defense attorney, winemaker was "assisting person"

The 71-year-old died on March 7 from taking the sleeping pill, which is used in human and veterinary medicine. According to Dohr, she had initiated a so-called advance directive at the beginning of the year, after assisted suicide became possible in Austria. Two doctors had independently questioned the woman about her decision to end her life, as required by the advance directive law. All the provisions of the law were subsequently complied with and implemented. The widow had signed the necessary documents in full awareness in February.

His client acted as an "assisting person" in the sense of the advance directive law, Dohr explained on Sunday in a conversation with the APA, thus confirming a report by the "Kronen Zeitung." "My client did nothing other than what is provided for in the advance directive. He picked up the lethal drug at the pharmacy, placed it on the bedside table with a glass of water, and the person wishing to die then put the lethal preparation into the glass herself and drank it," the lawyer explained.

The winemaker had no motive to take the woman's life out of alleged greed, whom he had met while riding in 2018, resulting in a close friendship that intensified after her husband's death in 2023. The woman had already named the winemaker as the sole heir in a will in 2022 and subsequently "transferred everything" to him, Dohr noted.

Public prosecutor reaffirms "urgent suspicion"

From the perspective of the St. Pölten public prosecutor's office, there is still "urgent suspicion" of intentional killing, as authority spokesperson Leopold Bien confirmed upon APA request. The court has approved the arrest warrant and granted the request for pre-trial detention, Bien emphasized on Sunday afternoon. The pre-trial detention order is legally effective, said Bien.

Defense attorney Dohr takes issue with passages in this order. "When a detention and legal protection judge writes in an order that a woman was the 'object of desire' for my client, who would 'literally walk over corpses,' this is not only disrespectful but also blatantly violates the presumption of innocence and is unworthy of a constitutional state," the lawyer stated.

Daughter of the Deceased and Caregiver Accuse Winemaker

According to Dohr, the daughter of the deceased, who was not considered in the will, has joined the criminal proceedings as a private party. She sees herself as a victim and demands the award of the assets initially denied to her in the event of the winemaker's conviction. The property alone, on which her mother lived in a villa, is said to be worth 3.8 million euros. In addition to the daughter, the 57-year-old is also accused by a caregiver of the deceased. The caregiver claims that the widow repeatedly denied his question of whether she wanted to die.

The Euthanasia Law in its current form is not "practical," Dohr criticizes: "Anyone who acts as a helping person and is considered an heir runs the risk of being seen as a murderer if someone believes they have been overlooked." The Constitutional Court (VfGH) had no constitutional concerns about the Euthanasia Law, but obviously did not consider its practical feasibility. In truth, only a palliative care physician who has no close relationship with the person wishing to die can act as a helping person, Dohr noted. This legal uncertainty should be "eliminated immediately."

(APA/Red)

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