Even though the accused is embarrassed for his accusations, the topic is relevant and explosive. If the video or a copy of it goes to the committee of inquiry and is treated there, it is a parliamentary document and immune.
Strache’s defamations become immune
Sensitive passages would presumably be subject to a high level of secrecy, but it would not be the first time that a secret file from a U-committee got its feet and ended up in the media. “A medium cannot be sued if it quotes from a parliamentary document. However, anyone who passes on top-secret documents can face up to three years in prison – if caught, ”says an expert on the rules of procedure Werner Zögeritz.
That means: Kern and Kurz could not sue the media if they quote Strache’s slander.
Distrust of Soko Tape
These “interests of third parties” are also covered in large passages in Eisenberg’s letter. The Berlin lawyer writes that he assumes that secret documents from the corruption prosecutor’s office and the U-Committee will not be made public. He wants MPs and corruption hunters to see the original video because he claims the Soko tape could falsify the evidence.
Andreas Holzer, the head of Soko Tape, is the official to whom Whistleblower R. had already offered material against Strache in 2015, and whose lack of investigation actually gave rise to the idea of the video trap.
Original video offered
Eisenberg offers to send the video to an Austrian lawyer, where the authorities can confiscate it. In this way, WKStA and MPs could get the original video.
ÖVP and Greens are against it, because – see above – who then qualifies what is “secret”? They want to wait for the authorities to send the duplicate video that Soko Tape found during a house search to Parliament. FPÖ and Neos want the original, the SPÖ does not commit itself. Their group leader in the U-committee, Jan Krainersaid, however, that there will be no public video viewing.
Decision on Monday
A decision will be made on Monday. According to several political groups, it lies with the chairman of the underground committee, Wolfgang Sobotka. He asked the Parliamentary Directorate for a legal opinion on how to deal with the lawyer’s offer. This will also be available on Monday.
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