Necessary for U-Commission – blackened Schmid statements: VfGH knows content

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The judiciary has sent the Constitutional Court a brief summary of the statements of ex-financial secretary general Thomas Schmid that were blackened in the files of the interrogations by the WKStA. The Constitutional Court needs to know in order to decide on which subjects Schmid can be questioned in the subcommittee. There is also movement in the allegations of corruption against ex-chancellor Sebastian Kurz and his entourage on another level: the judicial authorities are allowed to evaluate the mobile phones of the Fellner brothers.

Concerns that previously unknown details of Schmid’s statements to the Public Prosecutor’s Office for Economic Affairs and Corruption (WKStA) could become public with the transmission of the short summary were rejected by the Constitutional Court in the Ö1 “Mittagsjournal”. Attention was drawn to the strict rules for handling confidential information. These rules have been in place since 2015 and are based on those of parliament for handling classified documents.

The ÖVP’s refusal necessitated a step
The highest judges received the information because Justice Minister Alma Zadic (Greens) asked the Constitutional Court to clarify to what extent Schmid should be able to be questioned by the ÖVP’s corruption investigation committee. Because the ÖVP was unwilling to enter into an agreement envisaged by the Ministry of Justice to protect the WKStA investigations before Schmid’s – then extremely fruitless – questioning.

Zadic wanted to agree with the factions that Schmid would only be questioned about those parts about which he had already fully testified to the Public Prosecution Service. The ÖVP did not want to be restricted – and could have potentially jeopardized the WKStA’s investigations against the party itself. Zadic then turned to the VfGH. The Constitutional Court is currently advising on these and other requests to the University Committee.

The top judges must also decide whether the judiciary should publish Schmid’s chats with people alleged to have a “close relationship with the SPÖ or FPÖ” – as the ÖVP had requested and the ministry refused. Another request concerns the request of the ÖVP to collect and submit to the committee the details of the e-mail accounts of the WKStA and all written communications within the authority, insofar as they relate to the subject of the investigation.

Justice may vet Fellner cell phones
Meanwhile, the regional court in Vienna is allowing the WKStA to conduct a full review of the cell phone and email communications of Wolfgang and Helmuth Fellner, the bosses of the Austrian media group. According to “ZiB 2”, the two have provided the researchers with too little information. Media executives appealed the decision. Wolfgang Fellner speaks of a violation of editorial confidentiality.

During WKStA investigations, the Fellner brothers are accused of bribery and breach of trust. They are said to have made advertising and media cooperation agreements with the team around former ÖVP boss Kurz. They allegedly volunteered for advertisements and published manipulated surveys funded by taxpayers’ money. The Fellners have always rejected these charges.

Foot care under editorial secret?
As far as editorial secrecy is concerned, the law states that protected communications can be arranged by the accused himself. The Fellner brothers had several months to do this. However, only a minimal portion of agenda items were released and appointments such as “pick up the car” or “pedicure” were reported as under editorial confidentiality. The Fellners have also not released any invoices to the Treasury Department. Therefore, the court has now ruled “that all files can be brought to the file and reviewed”.

Source: Krone

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