As a legal assistant – commonly referred to as a public defender – the Linz lawyer Wilhelm Deutschmann has to represent the 15-year-old Afghan who claims to have had contact with the young woman before the alleged crime. “I was not surprised when the suspects were released. If you read the file, you will find many contradictions and it is my job as a defense attorney to point them out,” says Deutschmann.
His client claims to have been acquainted with the 16-year-old. So good that the girl even came to visit him at home. But the Afghan’s father was against further visits. “I will request the father as a witness.”
As a result, an appointment was made at the train station for the purpose of a consensual sexual meeting, says Deutschmann. The fact that the girl’s clothes were not torn also speaks against a violent sexual assault. “In view of the many inconsistencies, I assume an acquittal,” says the lawyer.
Prerequisite for the imposition of pre-trial detention according to Section 180 of the Code of Criminal Procedure is “urgent suspicion”. According to case law, this is a suspected situation in which the incriminating facts are stronger than the exculpatory ones or the probability that the perpetrator committed the crime is higher than that he did not commit it. Furthermore, one of the three reasons for detention must be present: risk of committing the offence, risk of escaping or collusion. Exactly why the court lifted the detention on Thursday was not disclosed: it was a non-public procedure, it said.
As reported, the accused – they are 15 and 14 years old respectively – come from Afghanistan and Iran. They are entitled to asylum and live with their families in Linz or in the districts of Amstetten and Vöcklabruck.
FPÖ sees “fatal signal”
FP club chairman Herwig Mahr also commented on the procedure via press release: “The court’s decision should be noted, but it sends a fatal signal that causes a shake of the head,” it says. “Releasing suspects with such a serious allegation borders on negligence. I sincerely hope that the security authorities can still carry out their necessary investigations smoothly,” said the club boss. (staro)
Source: Nachrichten
