Ex-rector of the Mozarteum did not serve his sentence
On Tuesday between 8 a.m. and 2 p.m., the ex-rector, formerly also president of the Munich University of Music, should have started his journey to the Salzburg prison in Puch-Urstein (Tennengau). But he did not comply with this request from the Salzburg Regional Court. The head of the prison, Dietmar Knebel, said when asked by APA that there was “no access” during office hours on Tuesday.
Lawyers gave no reasons
For the time being, one can only speculate about the reasons why Mauser was not expected. His Salzburg lawyer reports a request from APA that she cannot provide any information. The lawyer for the convict from Germany was also asked by APA to comment. So far, however, there has been no answer.
The regional court of Salzburg now has the legal option to order the performance of the former head of the music school. However, this administrative process can take a few days or weeks.
Petition for clemency to the Federal President
The fact that the ex-rector missed the statutory deadline to begin his sentence could have something to do with his efforts to have the criminal proceedings resumed. At the end of January 2022, the media from Germany reported that the convict wanted to delay his incarceration. The execution of the sentence should be postponed “by way of mercy” “because a constitutional complaint is pending with the German Federal Constitutional Court”, the “Frankfurter Allgemeine Zeitung” (FAZ) quoted the lawyer for the convicted man, who wrote a “submission” to the Austrian Federal President Alexander Van who turned barking.
A spokesman for Federal President Van der Bellen confirmed on Tuesday at APA’s request that the former head of the music school recently asked Van der Bellen for clemency. However, the Federal President can only grant an act of clemency at the suggestion of the Ministry of Justice. However, since the Ministry of Justice had not made any proposal for clemency in this regard, the man’s petition for clemency could not be granted. The case of the convict does not correspond to the practice of clemency, the spokesman said.
Appeal against conviction in Germany without success
According to the online report by BR24, the constitutional complaint is aimed at the rejection of an application for reopening. With a repeated trial, the convict wanted to “doubt the credibility of a victim”. The district court of Augsburg did not allow the retrial due to the lack of suitability of fact and evidence, an acquittal to mechanical. A complaint to the Munich Higher Regional Court was unsuccessful.
Before the Federal Constitutional Court in Germany can decide on the constitutional complaint, “the higher regional court must decide on the complaint submitted to it at the same time for violation of the fundamental right to a fair hearing,” reported the FAZ, citing the lawyer of the convicted person. The ex-head of the music school had explained to the “Kronen Zeitung” that he had to go to prison innocently because of a misjudgment and the defamation of a woman. So far he has fought successfully for a resumption of his court proceedings in Germany.
Verdict for abuse upheld by Supreme Court
The verdict against the ex-rector was confirmed by the Federal Court of Justice (BGH) in October 2019. The attacks on the woman happened a few years ago in Munich. The accused followed the Munich Music Academy from 2003 to 2014, after which he was rector of the Mozarteum in Salzburg until June 2016. In addition to German, he also has Austrian citizenship.
After the verdict became final, the convict should have started his prison sentence in January 2020 in the Bavarian prison in Landsberg. However, he wanted to serve the sentence in Austria, where he resides in Salzburg, and filed an application there for the execution of the sentence to be transferred. Irrespective of this, the competent authority in Munich has also applied to its Austrian counterparts to take over the execution of the sentence. The requests were granted. In April 2020, a judge at the Salzburg Regional Court ordered the convict to serve his sentence in Austria. The request to serve his sentence was served on June 29, 2020. Accordingly, he should have been at the Salzburg prison in Puch-Urstein by the end of July. On July 22, his lawyer filed a request for a stay of sentence on health grounds.
Adherence certified in January
Several expert opinions were obtained from medical departments on the issue of adherence. The last report was only received in January. It was served on defense counsel on January 13. According to the regional court of Salzburg, this report has attested suitability for imprisonment. “He was asked to serve his sentence until February 1, 2022. This request to start a sentence cannot be challenged with legal remedies, ”explained a court spokesman.
In May 2018, the Munich Regional Court sentenced the accused to a total of two years and nine months in prison for sexual assault in three cases. He had therefore pushed a singer who had applied for a job in Munich onto the sofa in his office and, despite resistance, had performed sexual acts on her. In another case, he was acquitted of the charge of rape. Here, the federal prosecutor’s office had demanded the annulment of the verdict. The musician had emphasized at the BGH hearing that he abhors violence. But he disappointed people.