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Trial Against ÖVP Club Chairman Wöginger Started with a Twist

ÖVP-Klubobmann Wöginger möchte vor Gericht "Verantwortung" übernehmen.
ÖVP-Klubobmann Wöginger möchte vor Gericht "Verantwortung" übernehmen. ©APA/FOTOKERSCHI.AT/BILAL AHMETOV
On Tuesday, the trial against August Wöginger for abuse of authority began at the Linz Regional Court with a possible turn of events.

It had already become known in advance that the two also accused tax officials had submitted a "statement of responsibility" to the court. During the trial, Wöginger's lawyer, Michael Rohregger, announced that his client would do the same.

The trial against ÖVP parliamentary group leader August Wöginger and two tax officials for abuse of authority at the Linz Regional Court was resolved on Tuesday - much faster than expected - without a final conviction through diversion. If the three defendants pay medium five-figure fines within two weeks and the Economic and Corruption Prosecutor's Office (WKStA) does not file an objection, the proceedings will be discontinued and the three will not have a criminal record.

For both the jury court and the WKStA, the diversion was "just about" an option. Specifically, the first defendant must pay 17,000 euros, the second defendant 22,000 euros, and Wöginger 44,000 euros. In addition, each is to transfer a symbolic amount of 500 euros to a disadvantaged applicant for the head position at the Braunau tax office. The defendants accepted the court's offer.

"Job Trading" Allegation

The WKStA accuses the ÖVP parliamentary group leader of "job trading." He is said to have intervened with the former Secretary General in the Ministry of Finance, Thomas Schmid, for a party friend and ensured that this person became the head of the tax office for Braunau, Ried, and Schärding. A better-qualified competitor was not considered.

Also accused are two tax officials - the first defendant was the head of the evaluation commission, the second defendant a member of the same. Wöginger, as the third defendant, is listed as the instigator. The alleged intervention is said to have occurred in 2017, when Wöginger was already a member of the National Council. All three defendants - who are presumed innocent - had previously denied the allegations.

Wöginger Did Not Recognize the "Significance of His Actions"

It was not Wöginger's intention that a better-qualified applicant was not selected, explained his lawyer Michael Rohregger. Wöginger himself asserted: "I see the matter with completely different eyes today," and that the "understanding of politics" is different today. "With today's knowledge, I would not do it in this form anymore. I am truly sorry. I did not foresee this dimension, but I take responsibility."

Previously, the senior prosecutors from the WKStA had presented the charges. At the center of the case is an ÖAAB official and ÖVP mayor who applied for the head of the Braunau tax office. He had asked Wöginger for support, according to the indictment. Wöginger then turned to Thomas Schmid, Secretary General in the Ministry of Finance, who in turn contacted the second accused - a finance official also anchored in the ÖVP environment and a member of both evaluation commissions. "Everyone was aware that this personnel request was also politically motivated." The second accused had promised to support the mayor. According to the indictment, the composition of the evaluation commission was also manipulated to push the candidate through. A better-qualified, unsuccessful female candidate turned to the Equal Treatment Commission and was vindicated. The Federal Administrative Court awarded her compensation for discrimination.

"Such a System Has No Place in Our Legal Order"

The judge justified the offer of diversion by stating that the accused had taken responsibility, "shown insight," and said "that they will not do such a thing again. A noticeable amount also shows the public a reaction to the alleged behavior, and the highest daily rate was applied in the case of the accused.

For the Republic, no great damage was done, as the candidate who was selected was less qualified but not unqualified. It is also mitigating that the events occurred nine years ago and that all the accused have not been guilty of anything until now. The long-standing media interest and the suspension of the first accused also had a "sanctioning character." Nevertheless: "Such a system has no place in our legal order," if such a system has been established, it is still up to each individual whether to participate or not, she emphasized.

Matter "Settled" for ÖVP

Wöginger himself emphasized once again after the decision that he had taken responsibility and trusted the courts, "with that, the matter is settled for me." He did not answer any further questions. ÖVP party colleague and Federal Chancellor Christian Stocker also expressed satisfaction with the diversion. "That August Wöginger leaves the courtroom today as an unblemished man and that the criminal proceedings are thus concluded pleases me not only as his friend but also as the federal party chairman of the People's Party," he is quoted in a statement. Stocker also finds: "With that, the matter is settled for him and for the People's Party."

(APA/Red)

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

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