Convicted in March – “Ibiza detective” Hessenthaler begged for clemency

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The alleged mastermind behind the Ibiza video Julian Hessenthaler has filed a petition for clemency. Hessenthaler was sentenced in March to 3.5 years in prison for a drug offense. An invalidity complaint submitted by him was rejected by the OGH at the end of September. With regard to the Ibiza video, a case against him was dropped in June.

As the “Standard” reported, Hessenthaler hopes the pardon request will lead to early release.

The Ibiza mastermind, which allegedly produced the video showing former FPÖ boss and vice-chancellor Heinz-Christian Strache and FPÖ club president Johann Gudenus talking to the niece of an alleged oligarch in a villa in Ibiza, was accused of cocaine trafficking and the assumption that the passing on or possession of false or falsified specially protected documents and forgery of documents.

Vienna Higher Regional Court must decide on appeal
At the end of September, the OGH rejected the nullity complaint. However, the OGH has in no way confirmed criminal behavior by Hessenthaler, according to his lawyer Oliver Scherbaum. Rather, the rejection is a consequence of the Austrian Code of Criminal Procedure, which makes the first instance judgments of a court of lay judges de facto unassailable because the Court of Appeal can no longer review the assessment of the evidence by the Court of First Instance. for example, let alone overthrow it.

However, the Vienna Higher Regional Court must decide on the appeal against the amount of the fine.

Did Hessenthaler have a fair trial?
After going to the European Court of Human Rights, a court outside Austria was called to examine the full investigation and legal proceedings to determine whether Hessenthaler had had a fair trial within the meaning of the Human Rights Convention. A ruling by the European Court of Human Rights will of course not be made until Hessenthaler has long since been released, it is said.

Source: Krone

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