Trial in Feldkirch – mayor convicted of abuse of office

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The mayor of Bludenz, Simon Tschann, imposed a suspended prison sentence and a fine at the regional court. A loss of office was not pronounced because the sentence is too low. The first calls for resignation have already been made.

Simon Tschann is accused of initially granting approval for a residential project as a building authority in 2021, while the legal basis for this did not exist. As city leader, he would have approved the construction project on Fohrenburgstrasse, despite a negative advice from a city expert.

In concrete terms, this is a residential complex consisting of three buildings with 23 units. Public prosecutor Richard Gschwenter accused the suspect of ignoring the official expert’s criticism of the project. “They wanted to push through the project by force,” he said. Tschann was also accused of providing false information and feigning approval of the official expert in statements to the public prosecutor and the Bludenz district administration.

“A meeting was simply fabricated that never existed and to which the expert gave permission,” the prosecutor said. Tschann and his lawyer confirmed that the questioned Jour Fixe did indeed exist. This would have taken place on June 17, 2021 – two days after construction negotiations were announced. The official expert in turn told the court that there is no such thing as an “oral release” in such a case. He only heard about this in April 2022.

The city said they had failed to provide written documentation. On June 16, the design advisory board raised concerns about the building’s size and design. In his view, the project was ‘not approved’ at the time. An employee of the construction law department involved in the case at the time confirmed that there was no “direct approval” from the official expert. According to the official expert report of June 9, minor project changes have been made and during the Jour Fixe on June 17 everyone had the impression that “it’s right”.

During his interview, Tschann emphasized that he did not check the notices handed to him by the city government, but simply signed them. “Once I receive the decision, I assume that the basis for it has been checked by my employees.” This also applies to the statements made to the public prosecutor’s office and the district administration.

He could not convince the judge. Tschann was found guilty. He received a suspended prison sentence of eleven months and a fine of 51,000 euros (300 daily rates of 170 euros). His lawyer filed an annulment and appealed. Tschann noted the verdict.

Source: Krone

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