Acquittal in Voitsberg: West Styrian man cleared following separation dispute court case
A man from West Styria was acquitted by Voitsberg district court after his ex-partner accused him of assault following an escalating argument.
Acquittal after separation dispute: Voitsberg district court questions victim's account
A West Styrian man stood trial at Voitsberg district court accused of assault – and was ultimately acquitted. According to the Kleine Zeitung, his ex-partner had claimed she was pulled by the hair and slapped when being thrown out of his flat. However, the court was unable to substantiate this account.
The couple's relationship had lasted six years, during which they never lived at the same address. There were repeated arguments. The relationship ended in early summer at a party when the woman asked her partner to publicly acknowledge that she owed her career entirely to him. The defendant refused.
Escalation after the party night
The already intoxicated woman continued the argument on the drive home. Once at home, drinking continued until a remark by the woman led to complete escalation: referring to an earlier relationship of the man's, she called him a "child abuser". "That destroyed any basis for a relationship; alcohol is no excuse for that," the defendant told the court. He said he subsequently threw her out of the house with force, but without violence.
The woman described the evening entirely differently: he had first slapped her so that she fell off her chair, then dragged her by the hair outside and continued to hit her. Her jumper had been pulled over her head in the process.
Report filed by daughter – and driving licence lost during questioning
The woman initially did not file a report. Only when she told her daughter about the incident the next day and showed her a loose bunch of hair did the daughter contact the police. "I wanted to go back to him anyway after that," the woman told the court.
The subsequent police interview was unfavourable for the witness: she drove to the station and had 1.8 per mille in her blood. Her driving licence was immediately confiscated. "I haven't drunk anything since then," she stated in court.
The defendant's defence counsel firmly rejected the allegations and also criticised the investigation procedure: "The police should have informed the woman that a common-law partnership existed and that she could have refused to give evidence. This also creates a danger of perjury."
Judge sceptical – neighbour supports defendant
The court harboured considerable doubts about the credibility of the accounts. "To be honest, I don't see how it's possible for the defendant to simultaneously pull her by the hair with one hand, strike with the other and open the door," the judge said. No objectively verifiable injuries that could be reliably attributed to the defendant were found.
The judge also rejected the presented bunch of hair: "Where the bunch of hair presented the next day comes from cannot be established. It could just as well be from a hairbrush."
Ultimately decisive for the acquittal was the statement of a neighbour who was an ear-witness. She confirmed the defendant's version and stated that she herself heard the woman making a disturbance outside the door after being thrown out. "The witness was highly credible. The victim's daughter also tended to support the defendant's version. Ultimately, this is far from sufficient for a criminal conviction," the judge concluded.
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Support services for domestic violence: Women's helpline 0800 222 555 (free, 24 hours), men's crisis line 05 76 77, violence protection centres 0800 700 217, police emergency 133.
Source: Kleine Zeitung