In the large VW diesel process, the first weeks are over. But the criminal proceedings for exhaust gas fraud are not that “big”: ex-CEO Winterkorn remains absent.
It is a process drama without a leading actor. While the former VW boss Martin Winterkorn of all people is allowed to follow the fraud proceedings leading to the creation of “Dieselgate” from afar, the other four defendants cover him and each other with accusations.
The situation at the Braunschweig Regional Court is becoming increasingly confusing. The main negotiation has now been running for three weeks, and progress is likely to be tough – possibly until mid-2023.
Who knew what, when, and how detailed about the deception software in millions of cars before it was exposed with a big bang in 2015? The prosecution has aggressively presented their investigation results and allegations against the former VW managers and engineers. She sees it as clear evidence of commercial and gang fraud.
A central figure is missing
The executives already on trial admitted here and there quite misjudgments, according to the motto: Today I would act differently. “If I missed something, then I’m sorry,” said an accused ex-manager. However, they denied a conscious resolution or an essential motivation for the “shit” that the public prosecutor had identified in their research on statements of a high superior – and referred more than once to the role of the top executive.
The problem: As long as Winterkorn is not personally present thanks to a medical certificate for hip surgery with subsequent rehab, it will be difficult for the Economic Criminal Chamber to clear the thicket of the sometimes contradicting representations. So far, his presumed co-responsibility can only be assessed based on the files. Even the entry into the taking of evidence and the first hearing of witnesses is now possible without the former “Mr. Volkswagen »take place.
Acceleration versus deceleration
This is highly controversial not only among critics of the car company, but also among those involved in the process. The presiding judge Christian Schütz had separated the part against Winterkorn from the opening against the other four – on the grounds that the overall proceedings could be accelerated and condensed after the long preparation time. Only when the state of health of the 74-year-old former chairman of the board allows it, he should join.
Defense lawyers for the other defendants refused to accept this. In any case, the strands of the investigation have not yet been completed, they argued – at the same time, the indictment revolves to a large extent around the actions or omissions of Winterkorn. The declarations of her clients are overshadowed by this: There is a risk of prejudice, even for what the once best-paid DAX manager must be held accountable for. Schütz and his fellow judges rejected an application to suspend the proceedings pending a decision by the Higher Regional Court (OLG).
Negotiable or not?
The public prosecutor’s office was also not enthusiastic about the chairman’s actions, albeit for different reasons. She wants to see Winterkorn sit in the courtroom as soon as possible and hear personally comment on the indictment. And anyway: Is a hip problem – as uncomfortable as it may be – enough to completely doubt the ability to negotiate? A medical officer must be turned on, investigators have heard. Behind the scenes, some people wonder whether Winterkorn will ever appear.
Formally, the matter is clear since the Higher Regional Court, as a higher instance, also threw off a complaint from the public prosecutors against the spin-off: Schütz’s decision was flawless with a view to the targeted pace of proceedings against the four. A smack for the prosecutors. From when winter grain will be included remains an open question.
Executives and “drive freaks”
Meanwhile, the first appointments in the Braunschweiger Stadthalle – only here was enough space for the process marathon expected – have shown the fronts. According to the indictment, the men are said to have been deeply involved in the development and use of the fraudulent software. “Don’t get caught,” said a VW manager in 2006 to an engineer who was also accused. On Thursday, one of the ex-chief technicians described that problems had already surfaced at the start of the US 07 diesel project. But: “Failure at this point was not allowed.” However, he never spoke to superiors about installing a switchover function.
In a crisis round in 2012, the sentence is said to have been made: “If we’re screwing up, we’ll do it right.” From the point of view of the prosecutors, the background was that the manipulation code was also “refined” with recognition of the steering angle in addition to the detection of emissions tests. “You drive freaks, what have you done again?” Winterkorn is said to have said in 2015 when the circle of those who knew about it and pressure from the US authorities had grown according to the indictment.
“Taking responsibility looks different”
Soon after the trial started, the defense also focused on the absent ex-CEO. “The message of sitting here without Mr. Winterkorn is a disaster,” scolded a lawyer. “Taking responsibility for your own actions looks different,” commented a colleague on the separation of procedures.
The first few days, however, also made a constellation appear among the four who are already present, in which there is often a testimony against testimony. The engineers who are said to have proposed the illegal defeat device say: We expressed concerns and warned of the consequences. The superiors respond: Problems were discussed, but illegal actions were never discussed.
Later everything at the beginning?
The impression that technicians decided overnight to cheat customers is wrong, according to a former head of drive electronics. A manager countered that the software had never been presented to him separately and explicitly. “If I understand something clearly, then I position myself to do so,” explained the former head of VW engine development. On the manager’s side, there was also talk of “untruthful statements” by the engineers “for their own relief”.
All four defendants responded to the allegations with statements, some of which lasted several hours. Without major interruptions, they were able to describe their view of the emissions affair to the court. Sometimes they presented the statements emotionally, sometimes soberly. Three of the men reported in a rather succinct form, one spoke extensively about technical details.
In terms of content, it should become more exciting in the further course, when the chamber directs its own questions to the defendants. And especially as soon as Winterkorn takes part. If he had already been brought in under pressure from the public prosecutor, it would have started all over again. Even so, the classification of his role should apply from the first Winterkorn meeting: not everything, but a lot at the beginning.
Jane Stock is a technology author, who has written for 24 Hours World. She writes about the latest in technology news and trends, and is always on the lookout for new and innovative ways to improve his audience’s experience.
