NEUMEISTER v. AUSTRIA JUDGMENT
15
and five other accused seventeen times in all (119 pages of minutes).
According to the minutes of the confrontation of 21 January 1963, another
confrontation was planned. It did not take place, however; in the
Applicant’s opinion, it was Lothar Rafael’s refusal to participate which
prevented this intention being realised.
21. The indictment of 17 March 1964 was 219 pages long and concerned
ten persons, in the following order: Lothar Rafael, Herbert Huber, Franz
Scherzer, Fritz Neumeister, Iwan Ackermann, Leopold Brunner, Walter
Vollmann, Hermann Fuchshuber, Helmut Dachs and Rudolf Grömmer; it
was in no way concerned with the "Kreisverkehr der Textilien der Firma
Benistex" case which was the object of separate proceedings (paragraph 22
infra).
For his part, Neumeister was accused of aggravated fraud (Sections 197,
200, 201 (a) and (d) and 203 of the Criminal Code) in ten groups of
transactions relating to very different items: toilet soap, tools (cutters and
welding bars), ladies’ clothing (nylon stockings, skirts, blouses, etc.), gym
shoes, leather and velvet goods, indoor lamps and running gear. The
amount of loss for which he was called upon to answer exceeded 5,200,000
schillings. The loss attributed to the Applicant was the fourth highest of the
accused, being less than that alleged to be caused by Rafael (more than
35,100,000 schillings), Vollmann (about 31,900,000 schillings), and Huber
(about 31,800,000 schillings), but more than that caused by Scherzer (more
than 1,400,000 schillings), Brunner (more than 1,250,000 schillings), Dachs
(more than 1,100,000 schillings), Ackermann and Grommer (about 200,000
schillings). Some of the dealings did not concern him at all. This was the
case, mainly with a large operation involving the export of textiles in which
only Rafael, Huber and Vollmann were implicated (more than 25,700,000
schillings, pages 101-170 of the indictment).
The Public Prosecution requested, inter alia, the opening of the trial
before the Regional Criminal Court of Vienna, the calling of thirty-five
witnesses and the reading of the affidavits of fifty-seven more.
22. On 3 June 1964, the Vienna Public Prosecution informed the Judges’
Chamber of the Regional Criminal Court that it was provisionally
discontinuing the proceedings against Neumeister in the "Kreisverkehr der
Textilien der Firma Benistex" case, although reserving the right to resume
them at a later date (Section 34 (2), paragraph (1), of the Code of Criminal
Procedure). At the time of the laying of the indictment, the Public
Prosecution had prevailed upon the Court to sever these proceedings which
had subsequently been dealt with separately (26 d VR 2407/64).
On the same day, the Judges’ Chamber, stating that the total loss imputed
to Neumeister had been reduced by more than four million schillings,
decided to reduce to one million schillings - either in cash or in the form of
a banker’s guarantee - the amount of security required for the release of the
Applicant.