Should have eaten cat food: 63-year-old Viennese tortured

The Supreme Court (OGH) overturned the first-instance sentences – seven years in prison for the son of the victim’s former partner and three years in prison for his partner – for formal reasons. The defendants pleaded “not guilty” in the new edition, as they did the first time.

• also read: Broke up in the tavern: Viennese beat his wife until she was hospitalized

According to the prosecution, the couple literally tortured the man on January 26, 2020. First, the 63-year-old was hit with a grindstone or fists. When he fell to the ground, the 44-year-old defendant, who weighed more than 130 kilograms at the time, is said to have thrown himself at him with full force. They then tried to force the man to eat cat food. “He was so afraid of further beatings that he did that too. He put it in his mouth, but then spit it out,” the prosecutor reported at the beginning of the trial. The man was also maltreated with a bamboo stick, causing life-threatening injuries: “If he hadn’t gotten medical help quickly, he would probably have died.”

Found hypothermic on the sidewalk

Passers-by found the seriously injured man hypothermic on the sidewalk in front of the apartment where the torture was said to have occurred. He initially claimed that two unknown teenagers had knocked him down from behind on the street. After he was admitted to a hospital and given initial care, it quickly became clear that that couldn’t be right. The internal injuries could not be included in his account of the alleged crime. The 63-year-old then initially incriminated his own son, who was temporarily held in custody. Only when it became clear that the son had absolutely nothing to do with the criminal case did the 63-year-old talk to the defendants.

The public prosecutor has now accused the 44-year-old of intentional grievous bodily harm, rape and severe coercion. His 41-year-old partner was charged with intentional serious bodily harm – she had “encouraged her partner to carry on”, as the public prosecutor explained – and theft. The woman is said to have taken the victim’s cell phone and cut up the SIM card before the man was taken out of the apartment outside.

Multiple fractures

The affected person suffered fractures of the cervical and thoracic vertebrae, a broken cheekbone and serial rib fractures. According to a forensic medical report, the injuries were very serious and the man was no longer able to work as a result.

The couple had asked the victim to meet under a pretext. “There should be a discussion to resolve disagreements. The dispute then escalated for no apparent reason,” said the public prosecutor. Apathy was probably a key motive for the crimes.

“It wasn’t my client”

As in the first case, the defendants denied everything and claimed that they had nothing to do with the matter. “It wasn’t my client,” said the defendant’s defense attorney. “Other versions are also possible, so that one has to proceed according to the principle of doubt and acquit,” said the woman’s representative. The victim gave such different information that “the real perpetrator” may not even be found. The lawyer also pointed out that the victim had an adult representative.

According to a psychiatric report, the 63-year-old has an intellectual disability, is simply structured, tends to be anxious and is easily manipulated. However, the expert called in considers the man to be able to give evidence and to be competent. The 63-year-old did not personally appear in court as a witness. During the preliminary investigation, the public prosecutor’s office questioned him as a witness and the hour-long video with his statements was played in the courtroom.

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