A group of unknown persons allegedly attacked a 42-year-old man at night in July 2018 in Lebenstedt have waylaid. With Telescopic batons, Baseball bat and Irritant gas equipped, the perpetrators allegedly robbed and physically assaulted the man at the front door of an acquaintance's home, leaving him numerous Contusions davontrug. Two defendants now had to answer for aggravated robbery and dangerous bodily injury answer. But on Monday they were acquitted before the Regional Court of Braunschweig.
Prosecutor Julia Meyer was left with only resignation in the end. But she also made no secret of her conviction that the two defendants were actually guilty. "Even if the criminal procedure code does not give it, I request a second-class acquittal," she said. She was sure that the two men had committed the crime, she explained. But unfortunately it is not provable to them.
Prosecution relies on information provided by the victim
The Charge had essentially relied on the victim's statements. This had identified the defendants to the police as accomplices. In court, however, the now 46-year-old told the judges an "adventurous story" at the start of the trial, as the prosecutor described it in her plea. The man had stated that he was in the State of shock accused the wrong people. He had later explained this to his former lawyer. The latter had apparently failed to withdraw the complaint, the victim said. The two men on the Prosecutor's Bench any case, his legal representative said in a statement read out, were not the Perpetrator. The prosecutor is convinced that his changed testimony behavior is due to an impairment.
Police officers describe insights into investigations
On Monday, three Police officers gave the court another insight into the investigation. An officer reported that on the way to the scene, he and his colleague had been approached by two vehicles. One of the license plates had belonged to a vehicle that could be assigned to the two defendants and their extended family, the police officer said. In addition, when asked about the perpetrators, three nicknames had been used – two belonged to the defendants, one of whom has multiple criminal records and even a prison sentence behind him.
Another Criminal investigator reported by Investigations in a case allegedly related to the one now being tried: A few days before the robbery, a house had been broken into by members of the extended family. The perpetrators took the Mercedes of the owners, jewelry and a game console.
Was the robbery an act of revenge against the alleged perpetrator??
Among the suspects was also the victim of the robbery. Another suspect is said to have been beaten twice later and forced to hand over the Stolen goods have been asked. The investigators' hypothesis at the time: the robbery was an act of revenge against the alleged perpetrator – but the victim always denied the theft. Whether the man will now have to answer for his statements in court in a false testimony trial does not seem out of the question.
"Perhaps the victim made a false statement at the time, but now does not want someone to be punished unjustly," surmised Martin Vob, the defense attorney for one of the defendants. The lawyer for the second accused once again recalled the facts: neither DNA traces nor the analysis of mobile phone data would have provided evidence for the involvement of the two Salzgitterans. In addition, the after-the-fact photo scan had not produced any clear-cut results. In the end, the presiding judge was only able to announce one decision: two acquittals.