Hessenthaler was found guilty of handing over a total of 1.25 kilos of cocaine to an acquaintance in Lower Austria, Salzburg and Upper Austria in 2017 and 2018 at a price per gram of 40 euros. He was also convicted of possessing and handing over a fake Slovenian identity card and driver’s license in the name of a Romanian acquaintance and of having presented a fake Slovenian driver’s license during a police check on May 7, 2019 in Vienna.
There is “no indication” that payments were made for a false statement, the judge said in the reasoning: The temporal connection between payment and the first charge one and a half years later does not fit.
According to the court, the prosecution witnesses “given a credible impression as far as the charges are concerned” and did not dispute their statements. When she was arrested, the woman had already spoken of three deliveries of drugs to Hessenthaler, which the 41-year-old’s former business partner later reported. The two’s testimonies to three drug transfers “overlap despite numerous contradictions,” the judge said. According to the judge, statements by the lawyers went in the direction that a judgment was not the result of political influence in the sense of the defense. “I can assure you that is not the case.”
Attorney Oliver Scherbaum told journalists after the end of the trial that the Supreme Court would in fact have to review the trial. “The verdict is wrong and worrying,” said the defense. “Julian Hessenthaler is dismayed by the verdict because he had hoped to be acquitted until the very end. But he will not give up proving his innocence.”
Amnesty: “Judgment against freedom of expression”
In a broadcast, Amnesty International and epicenter.works found a “judgment against freedom of expression in Austria”. Thomas Lohninger, managing director of epicenter.works, suspected that the main aim was to achieve “a deterrent effect” on future uncoverers. “The way the process looks is devastating for the independence of the judiciary in Austria and for trust in the rule of law,” explained Lohninger. Austria is late in implementing the EU Whistleblower Directive. Lohninger and Amnesty managing director Annemarie Schlack complained that there is still no corresponding draft law for assessment.
The anti-corruption initiative “Clean Hands”, together with “reDonnerstag” and “epicenter.works”, called for a rally on Thursday at 6 p.m. at the Human Rights Square in Vienna. “It is to be feared that the court’s decision will have negative consequences for anti-corruption and transparency in this country: Anyone who wants to uncover abuses could now fear being politically and legally prosecuted – and therefore remain silent,” said Ursula Bittner, spokeswoman for Saubere Hands.
In his statement, Hessenthaler had previously found it “remarkable” that despite resource-intensive investigations – with telephone surveillance and house searches – as well as his own special commission, “not a single physical evidence” was available: “That is more than unusual.” However, for him it was “simply not possible ‘ to refute the allegations. He had to defend himself against a “unilaterally investigating Soko and public prosecutor’s office”.
“Three years ago no one would have believed this”
The witnesses for the prosecution had each adjusted their version, there was no coherent story, said the accused. His former business partner told the untruth. Hessenthaler accused him of having passed on false information. The former business partner lobbied for the Novomatic gaming group and was “close to Soko”. The accused suspected that the witness for the prosecution had been “instructions regarding her statements” by officials.
Hessenthaler located a dependency of the former turquoise-blue federal government on the Novomatic group, which was discussed in the Ibiza video. Furthermore, the accused, who has now been in custody for 16 months, stated: “No one would have believed all of this three years ago, and if I had said that, you would have declared me insane.”
Accused contradicts prosecution witness
“The allegations hardly make any sense, frankly,” said Hessenthaler. Regarding the alleged motive, he explained: “The debt never existed.” The accused contradicted the testimony of the prosecution witness that Hessenthaler had threatened her with a pistol: “I have no history of violence”, he had rather used his life for violence to prevent women.
“Not one of these allegations can be verified in any way,” said the 41-year-old. Following the statement, the defense submitted further documents. The jury hearing was therefore interrupted until 10:30 a.m.
Statements of the witnesses partly contradictory
According to the indictment, in 2017 and 2018 Hessenthaler handed over a total of 1.25 kilos of cocaine with a purity of at least 70 percent to a friend at a total of three locations in Lower Austria, Salzburg and Upper Austria at a price of 40 euros per gram. According to the prosecutor, the 41-year-old should have paid off debts or improved his dreary financial situation.
In addition, the private detective is said to have owned and handed over a fake Slovenian driver’s license and identity card in the name of a Romanian acquaintance and presented a fake Slovenian driver’s license during a police check on May 7, 2019 in Vienna. The 41-year-old is burdened by a former business partner and his former lover. The statements of the two witnesses are partly contradictory to each other. If convicted, Hessenthaler faces up to 15 years in prison.
European Arrest Warrant: Arrest in Berlin
The accused was arrested in Berlin in mid-December 2020 with a European arrest warrant and subsequently extradited to Austria. The trial started on September 8th and the hearing was adjourned several times. Most recently, on March 16, a witness living in Serbia was questioned via video link. The hearing was then adjourned again because the defendant was ill.
