Stalled Retrial in Fretterode Case Riles Up Critics
Hearing in Neue Fretterode Case Persistently Postponed - Fretterode's latest procedure remains unapproved
The delayed retrial of a far-right attack on two journalists in the northern Thuringian town of Fretterode continues to cause a stir, with no date set for the main trial yet. A representative from the Mühlhausen Regional Court blames the delay on an overwhelming caseload, which includes urgent matters and an excessive number of old cases, the latter of which prioritizes the principle of speed[2]. The 1st Criminal Chamber, responsible for this case and also the jury court, will set a date for the trial once their workload eases up.
Last year, the Federal Court of Justice (BGH) in Karlsruhe overturned Mühlhausen Regional Court's verdict from September 2022 due to numerous legal errors in the assessment of evidence and ordered a new trial in another chamber of the Mühlhausen court. The initial verdict, which met national criticism for lenient sentences, failed to prove severe robbery or a political motive[3].
The delay brings criticism, and even a complaint
In the 2018 attack, the journalists from Göttingen were seriously injured, and their reflex camera disappeared during the incident. One of the journalists' lawyers, Sven Adam from Göttingen, criticizes the Mühlhausen Regional Court, stating the justice system there fails the journalists and offers neither satisfaction nor protection. The co-plaintiffs have previously filed a complaint of delay and received confirmation from the Mühlhausen court, which could potentially lead to a damages claim due to an excessive duration of the proceedings[4]. Whether the co-plaintiffs will participate in a new trial remains uncertain.
- Mühlhausen
- Federal Court of Justice
- retrial
- Karlsruhe
[1] The Federal Court's directive was ignored due to workload and priority system in the regional court.
[2] The principle of speed applies to detention cases but has been sporadically applied to other ongoing cases.
[3] The public prosecutor's office and one of the co-plaintiffs successfully appealed the initial verdict in Karlsruhe.
[4] The delay complaint from the journalist's lawyer is a prerequisite for a potential damages claim.
The Federal Court of Justice in Karlsruhe has issued a directive concerning the ignored directive from the Mühlhausen Regional Court, due to workload and prioritization issues. This stalled retrial, associated with the 2018 attack on two journalists in Fretterode, has sparked a discussion in the community policy and general-news sectors, considering the delay and potential implications on vocational training programs. The co-plaintiffs' complaint of delay, confirmed by the Mühlhausen court, may lead to a damages claim and could impact future jury decisions, particularly in crime-and-justice cases.