Image: APA/HELMUT FOHRINGER
Due to a procedure being discontinued in 2021, Marsel O. can no longer be held responsible for handing over the assault rifle used in the attack to the subsequent assassin. The Ministry of Justice reacted immediately to the knowledge of this fact. “A legal review has already been initiated”the ministry said on Saturday afternoon.
The spokeswoman for the Vienna prosecutor, Nina Bussek, had previously admitted the mistake. “We regret that”, she held tight. However, one is reminded of the procedure that was erroneously set at the time “legally bound”. The error should have been noticed by the judiciary only a few days before the main hearing. The decision of the competent judge, according to which the Zastava M70 assault rifle – a model manufactured in the former Yugoslavia based on the technology of the Kalashnikov AK-47 assault rifle – is no longer a subject of the case, is dated May 26.
Marsel O. only has to answer for a Tokarev pistol delivered on September 25, 2020, a few weeks before the attack, which he is said to have handed over to the later assassin and the business intermediary, Adam M., in the federal capital . The assassin was shot by the police in the attack in downtown Vienna, Adam M. was sentenced to life imprisonment last February at the Vienna Regional Court for his involvement in the procurement of weapons and for contributing to four murders and multiple attempted murders. He is only accused of offenses against the Weapons Act, participation or complicity in the act of terrorism is not charged. The prosecution does not assume any involvement in the murder. Marsel O. faces up to two years in prison if convicted in accordance with the charge.
Proceedings against those involved on the margins eliminated
The spokeswoman for the authorities, Bussek, explained why the public prosecutor’s mistake could occur as follows: In the course of the criminal investigation of the night of terror, extensive investigations were carried out against far more than 30 suspects. In order to relieve the public prosecutor, who for years led the investigations with great commitment and in a time-consuming manner, the proceedings against those involved on the fringes were dropped in individual cases. Another public prosecutor received such an act against a suspect who – as Bussek emphasized – had nothing to do with the attack itself. The name Marsel O. appeared for the first time in a report that initially referred primarily to this man and apparently to a suspicion of violating the War Material Act. The second prosecutor, who was not the lead prosecutor, quickly included the Slovene in her case. After evaluating the results of the investigation, this prosecutor came to the conclusion that there were insufficient suspicions against the original suspect to pursue him further. She therefore discontinued the proceedings against him – inadvertently, however, the discontinuation also referred to Marsel O., which was apparently not noticed by the authorities and the prosecutor who was primarily responsible did not come to the knowledge of it either.
“Are not happy with that”
“Of course we are not happy with that”, explained Bussek. Since the Zastava M70 falls under the War Material Act, the criminal complaint against Marsel O. had to be withdrawn on this point: “If the War Material Act was discontinued there (meaning: in the proceedings already discontinued in 2021), that is the same fact of life.” You can no longer blame the Slovenian for that: “We are bound by that. There is no other way.” But it is not the case that the man is no longer prosecuted: “The handgun stays, yes.”
However, the threat of punishment would be higher if it were not only about the pistol but also about the assault rifle next Tuesday. Anyone who imports, exports, carries through or brokers war material without the necessary license must expect up to three years in prison.
Source: Nachrichten
