27.09.2001: 24th court day
RZ trial about to collapse?
Before the presiding judge Gisela Hennig could decide on the request
for a stay of proceedings (which the defence already lodged on 13th
September), defence lawyers Studzinsky and Würdinger once again
took the word.
Although they were now in possession of the evidence, consisting
of a further 955 tapes from Mousli's telephone interception as well
as 23 files with transcripts, the defence lawyers declared that
already a preliminary examination of some 825 tapes and the corresponding
transcripts had shown that their request for a stay of proceedings
would have to be extended.
Firstly, they illustrated, with the support of specific examples,
that the transcripts did not fully correspond to the conversations
heard on the tapes - all tapes would therefore have to be examined
and compared with the transcripts. Further, the lawyers said it
was necessary to check if the original tapes corresponded to the
copies made of the same, because there had been striking gaps.
Secondly, calculations by the two lawyers had established that
it would take 716 hours (and therefore, even with a working week
of 40 hours, several months), for all tapes to be examined - a task
which could not be mastered next to the current proceedings. Their
exposition also showed that neither the court, nor the Federal Prosecuting
Office (BAW), or even the other defending lawyers, had made the
effort to listen to the interception tapes.
Thirdly, the lawyers argued that even a mere spot-check from the
convoluted audio evidence proved that the intercepted conversations
dealt with questions that were of significant importance to the
understanding of the development of Mousli's statements. In the
past, the BAW had continuously denied this. For example, the tapes
showed that Mousli had been offered to take part in the Crown Witness
Regulation far earlier than the Federal Office of Criminal Investigation
(BKA) and the BAW admitted, and that the BKA had informed Janette
O., Mousli's then partner, over the phone that she "did not
have to lie any more".
On 25 September, the court already rejected the request for a revoking
of the arrest warrents in writing, but it did not want to make a
decision on this extended appeal, which also involves a request
for a revoking of the arrrest warrants as well as a stay of proceedings
until all the evidence had been examined. The trial has therefore
been interrupted until the 4th October.
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