The Vienna Higher Regional Court (OLG) on Monday overturned the verdict against former Chancellor Sebastian Kurz (ÖVP) for false testimony before the Ibiza parliamentary committee. The suspended six-month prison sentence against his former cabinet chief Bernhard Bonelli, also for false testimony, was however upheld. Kurz had been sentenced at first instance to eight months suspended imprisonment. The verdict is final.

In the proceedings it was about the fact that Kurz was supposed to have downplayed his role in the supervisory board appointment of the state holding ÖBAG. The prosecution had accused him of wanting to give the impression that he had essentially had nothing to do with the process. “The objective elements of false evidence testimony were not fulfilled,” the judge explained the verdict. A false evidence statement is committed by anyone who intentionally misrepresents facts. Kurz had affirmed that he himself was involved in the appointment of the supervisory board. He had thus correctly answered the yes-no question whether he had been involved in the appointment. The questioner Stephanie Krisper had not been satisfied with the answer, but the questioning time had already ended. Kurz had not given the impression that his question had been answered conclusively, the court held after studying the video recordings from the parliamentary committee.

No judge bias

The role of the first-instance judge Michael Radasztics played no part in overturning the initial verdict. The defense argued that he had given the appearance of bias because he had passed information to Peter Pilz and was therefore disciplined. These were professional relationships and had no influence on the appearance of bias. There had been no contact or personal relations between Pilz and Radasztics for four years.