It was a bang on the sidelines of the ÖVP U committee on Wednesday: the head of the Vienna Public Prosecution Service, Johann Fuchs, who came under fire, was suspended and charged. The exact background was initially a matter of guesswork. Now it is clear: it is about covert betrayal and false testimonies. Fuchs’ previous deputy Michael Klackl will take on the interim leadership of the senior prosecutor’s office.
As it became known on Thursday, Fuchs will have to answer for violation of professional secrecy and false testimony. A corresponding criminal complaint by the Innsbruck prosecutor’s office was filed with the Vienna Regional Criminal Court, court spokeswoman Christina Salzborn confirmed. The Criminal Code provides for a prison term of up to three years for officials who reveal a secret that has become accessible only by virtue of their office.
Disastrous trust relationship with Pilnacek
According to information from the APA, Fuchs is charged in the indictment of revealing in December 2020 to Christian Pilnacek, the now-suspended department head of the Department of Justice, that the Public Prosecution Service for Economic Affairs and Corruption (WKStA) was preparing a complaint against a “Presse” editor. Several WKStA representatives had felt attacked by an article by the journalist – however, the report she actually submitted to the Vienna Public Prosecutor’s Office was shelved due to a lack of justified initial suspicion.
No memory in the Ibiza U-committee
The false statement that Fuchs has been accused of stems from his appearance in the Ibiza U committee, where he was asked on March 10, 2021 if he had passed on parts of the file. To this Fuchs replied, under the duty of truth, that he could not remember it, and therefore could neither confirm nor exclude it.
Suspension for “serious dereliction of duty”
Fuchs was immediately suspended by the Justice Department on Wednesday. The reason for the measure was that, in view of the indictment, the suspension proved necessary in the interest of the service or to protect the reputation of the profession in view of the nature or seriousness of the alleged breach of duty. Minister Alma Zadic (Greens) had already announced the suspension of the current U-committee in the confidential part of her inquiry.
Mobile phone as a stumbling block
Fuchs came under more pressure recently after more chat messages between him and Pilnacek became public. The two talked about the observation of a WKStA employee as part of the service and technical guidance. Shortly before his cell phone was seized in March 2021, Fuchs is said to have searched the internet extensively for information about data deletion and recovery, encrypted communications and prepaid cell phones. After the seizure of his cell phone, Fuchs was stripped of his powers last year. Since then, he is no longer responsible for all matters related to the WKStA.
Source: Krone
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