Traffic jam catastrophe leads to charges against ex-Transport Minister Scheuer
In a significant development, the Berlin Regional Court is set to decide whether to allow the indictment against former German Federal Transport Minister Andreas Scheuer and former State Secretary Gerhard Schulz, who face charges of false testimony in connection with the failed car toll project.
The investigation, which began in December 2019 and concluded in the summer of 2021, stems from several criminal complaints from private individuals. The charges against Scheuer specifically accuse him of making false statements during questioning before the Maut Investigative Committee of the Bundestag.
The car toll, a project of the CSU in the then black-red federal government, was stopped by the European Court of Justice in June 2019 as illegal. The investigation focuses on Scheuer's actions in signing operator contracts for the car toll at the end of 2018 before final legal certainty was established at the ECJ.
Criticism has focused on Scheuer's alleged actions, with the committee of inquiry accusing him of serious mistakes in budget and procurement law to the detriment of taxpayers. The German state had to pay €243 million in damages to the operators as a result of a settlement after an arbitration procedure.
The alleged false statements made by Scheuer and Schulz concern a postponement offer from the operators regarding the signing of the contracts, which they both reportedly stated they could not remember. However, managers of the later intended operating companies reported that they had made an offer to Scheuer at a joint breakfast in the ministry at the end of November 2018, which he allegedly rejected.
The trial against Scheuer and Schulz for alleged false testimony in the Bundestag's inquiry committee is under the jurisdiction of the Landgericht (Regional Court) Berlin I. If the trial goes ahead, a "committee of inquiry 2.0" can be expected, with witnesses from that time likely to be questioned by the judges.
CSU parliamentary group leader Alexander Hoffmann has criticized the indictment against Scheuer, stating that the charges are politically motivated. However, the public prosecutor's office maintains that there is sufficient evidence to support the allegations against the former minister and his state secretary.
Both Scheuer and Schulz deny the allegations against them. If convicted for false testimony before a court or another authority competent to examine witnesses or experts under oath, they could face imprisonment from three months to five years, according to the German Criminal Code. The Berlin Regional Court's decision on whether to allow the indictment against Scheuer and Schulz will provide clarity on the course of the investigation moving forward.
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