OGH decides – but appeal in the “cold case murder” without a body!

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It’s hard to go against a jury’s verdict. Prosecutor Julia Kalmar is still daring – she has filed an appeal for annulment within a pending deadline.

The annulment appeal is not uncommon and is open to both the accused and the prosecution. If you are convinced that a taking of evidence statement is “just” read, is wrong or something similar. Or the jury’s answers to the questions put to them contradict themselves. This takes 3 working days after the verdict. This case fell in a very short time last Thursday – the jury of the Vienna court took less than an hour to acquit the husband of the architect and young mother Elisabeth G., who disappeared without a trace in 2005, of the murder charge.

Evidence grew

The indictment was based on a final report from the Cold Case Group: Investigations against Heinrich G. had been halted twice before, and it was now believed that at least “abridged evidence” was based on new investigative methods. Such as recordings of mobile telephone conversations that could now be traced back to mobile phone masts!

Before the jury, prosecutor Julia Kalmar also emphasized that she was firmly convinced of the guilt of the accused, “otherwise I would have had to legally stop the whole case!” The nullity complaint now filed is therefore an almost logical step.

Heinrich G. is likely to remain free until the Supreme Court appeals – he was released immediately after the non-final acquittal and collected by their daughter from the Vienna Regional Court…

Source: Krone

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