The mere fact that an indictment was brought about for continued violence was characteristic of the case. A 35-year-old mother of three filed a complaint against her husband (37) because he is said to have threatened to set fire to the family home in Strasshof. What became of this ad was not the topic of the hearing at the Korneuburg regional court. The mother had to answer before a jury because she is said to have regularly beaten her three children (9 to 12 years old).
These allegations came from the father and husband and were supported by statements from the children. Nevertheless, public prosecutor Josef Mechtler only had a meager indictment of six lines in his hand. This meant that it was not peppered with details about the suspected events in the family. It was almost an invitation to defense attorney Peter Miklautz, who admitted two incidents on behalf of his client – “of which she is certainly not proud” – but that did not justify such a far-reaching accusation.
“Not guilty – not in the form that I am accused of”
So the presiding judge, in this case Helmut Neumar, asked the obligatory question about the 35-year-old’s responsibility: “Not guilty – not in the form that I am accused of.” Yes, it happened on April 16th of this year that she hit her youngest son twice with a wooden spoon. And her hand slipped in May too. This time it hit the 11-year-old, who then bled from his nose.
“So none of this is true, the children are exaggerating,” Neumar remained skeptical. The defendant was charged for a period from July last year to June this year. And the judge immediately immersed himself in a divorce war at its finest, which has been raging since September, when the 35-year-old made the decision to separate. It wasn’t far from the toxic relationship, which had lasted at least 17 years, and alternating accusations of mental illness.
The children did not testify against their mother in court
At first, the mother’s statement that she wanted to keep the argument away from the children was irritating, until a sober “You didn’t succeed” from the judge straightened out the irritation. The focal point of the public prosecutor’s office was the statements of the children, who – in camera – were not spared from being questioned during the trial. As surprising as it was that all three told the police that they were afraid of their mother, their interviews during the trial did not help the public prosecutor: they refrained from making any statements.
Even before the jury deliberated its verdict, this brought to mind a film title in a modified form: What remained of the prosecution. And that wasn’t much, one might add. The 35-year-old was sentenced to an unconditional fine of 3,600 euros for bodily harm for the two incidents to which she admitted, which corresponds to 120 days in prison. Neumar concluded that the case left him with a “bitter, stale aftertaste.” The judgment is final.
