"Mongo, dude" or "Wenn s' moana"? Insult to officials not to be proven

An alleged motor vehicle race had consequences for an uninvolved young man from Farchant (Garmisch-Partenkirchen district) before the Wolfratshauser district court.

He is said to have insulted a police officer as "Mongo".

The man was acquitted.

Kochel am See - On the night of April 27th to 28th last year, the accused office clerk (27) wanted to pick up a friend and business partner and his BMW from Kochel am See.

The friend had been accused by the police of having participated in an illegal street race.

His driver's license had been collected and the car had been confiscated.

“What a Mongo, old man,” the defendant is said to have said

He did not know the latter when he leaned against the vehicle in the parking lot at the Schmied von Kochel, the accused explained in court. He didn't think anything of it because it was a company car - and therefore his property too. A police officer reacted indignantly and pushed him away from the vehicle. In order to prevent scratches or dents on the seized car, as the officer assured: "With such high-priced cars, the police are happy to bill the damage."

In this situation, the defendant is said to have said: “What a Mongo, dude.” Because the policeman who led him away from the car felt addressed, he reported the 27-year-old to insult.

The young man strongly disagreed with the charge.

While he sat down on a bench as requested by the official, he merely muttered to himself in good Bavarian "If s' moana."

In doubt for the accused

His business partner as well as his wife confirmed the admission of the accused in their testimony almost in full.

The explanations of the two police officers, however, differed in details.

Both were sure, however, that the word "Mongo" had been used.

After two hours of taking evidence, the prosecutor justified her request to acquit the accused according to the principle of "in dubio pro reo" (in case of doubt, for the accused).

Judge Helmut Berger accepted the request.

"I can't decide who to believe," he said in his verdict.

"What I personally think about it, I better keep to myself."

By the way: the proceedings against the defendant's friend for an illegal motor vehicle race had meanwhile been discontinued “for lack of evidence”.  

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