Grasser lawyer Ainedter: Legal fight is my life’s work!”

Grasser lawyer Ainedter: Legal fight is my life’s work!”

The legal disputes surrounding Karl-Heinz Grasser, the former Austrian finance minister, are becoming increasingly widespread. Manfred Ainedter, an experienced criminal defense attorney and Graser's legal advisor for over 20 years, describes the Buwog trial as his life's work. Grasser was convicted in this case and is now serving a prison sentence after his conviction for tampering with evidence was overturned. However, Ainedter has his own view of the conviction, which he considers to be wrong. He is critical of the strict legal framework, which in the first instance emphasizes material truth research, and calls for a reform of the justice system.

According to recent reports, Grasser's prison sentence was reduced from eight to four years by the Supreme Court. At the same time, the sentences of his co-defendants were also reduced: Walter Meischberger, the former FPÖ general secretary, was sentenced from seven to three and a half years, while ex-lobbyist Peter Hochegger received a reduction in his additional sentence from six to three years. Despite these reductions, the chairwoman of the OGH Judiciary Senate, Christa Hetlinger, emphasized that the serious corruption offenses that the defendants are accused of should not be trivialized. Overall, the acts were classified as causing damage of almost ten million euros.

Lengthy process with serious consequences

The Buwog trial is considered one of the largest corruption trials in Austrian history, lasting almost 15 years. Experts consider the long duration of the procedure to be a significant mitigating factor. Almost 160 terabytes of data were viewed by the authorities and around 700 interviews were carried out. Ainedter is happy that the guilty verdict against Grasser has been at least partially overturned, but at the same time sees the subjective determination of truth in the justice system as a problem.

The former finance minister and his co-defendant announced that they would lodge a complaint with the European Court of Human Rights (ECHR) because they are convinced of a “miscarriage of justice”. Experts believe that it is unlikely that Grasser and Meischberger will have to serve their entire sentence. After serving half of their sentence, they could apply for early release, which could give the judicial process another twist.

Fight against corruption in Austria

While Grasser deals with the consequences of his proceedings, there is a broader context to consider: the way corruption is dealt with in Austria is criticized by the Council of Europe's group of states against corruption (GRECO) as inadequate. Of 19 recommendations made in 2017 to prevent corruption among MPs, judges and prosecutors, only three were fully implemented. In the 2023 recommendations, progress remained similarly meager in preventing corruption in government and law enforcement.

GRECO particularly criticizes the lack of clearly regulated measures in dealing with lobbyists as well as with regard to the acceptance of gifts and sanction mechanisms for violations. A lack of transparency not only affects the appointment of general secretaries in the ministries, but also the awarding of consulting contracts.

In summary, the Karl-Heinz Grasser trial faces legal enforcement and Austrian corruption management faces many challenges. Calls for reform and a more transparent approach to corruption are becoming louder, while at the same time the legal system in the current case is being further examined. Public perception and trust in the judiciary could depend crucially on future developments.