It was pitch black, the road was wet: he had no chance to brake, the defendant said during his hearing on Monday morning in the Linz regional court. The public prosecutor’s office accuses the 41-year-old Tunisian of lighting a cigarette while he was driving on the A1 near Pucking on November 4th at around 160 km/h – the permitted limit was 100 km/h. In this moment of carelessness, he is said to have crashed into the car of 26-year-old Donau Linz player Marko Varga at almost undiminished speed, who was killed. The criminal charge: grossly negligent homicide.
Read more: Touching farewell to Marko Varga
The Tunisian admitted that he was traveling too fast. However, it is questionable whether he could have braked at a lower speed. A witness who drove past Varga’s car shortly before the accident said she couldn’t have done it.
The car was parked in the far left lane across the three-lane road. According to the technical expert, at most the parking lights were switched on. According to the prosecution, the victim had previously been driving the wrong way for several kilometers.
“Wasn’t visible”
A truck driver who witnessed the accident said he also did not see the vehicle. The second witness said she only noticed the car very late. The only reason a collision hadn’t happened was because she was driving in the middle lane, she said, trying to keep her composure. She then watched in the rearview mirror as the white van collided with Vargas’ car. The Audi was torn in two in the collision and the footballer was thrown out of the car.
According to the technical expert, the driver involved in the accident was actually traveling at 155 to 160 km/h. This is shown by both data from the defendant’s car and a simulation of the accident. According to the expert, with low beam headlights he would not have been able to see the car in time to slow down sufficiently by braking. There is also no evidence of a braking maneuver. Even at 130 and 100 km/h the collision would probably have been fatal, especially since the defendant’s vehicle crashed into the side of the deceased’s car. According to the expert, the defendant would probably only have been able to stop in time at 70 km/h.
The verdict was handed down at lunchtime: the defendant was found guilty of negligent homicide and sentenced to a fine of 960 euros. He accepted the verdict, the public prosecutor’s office has not yet made a statement. The judgment is therefore not legally binding.
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