Together with three perpetrators, a 27-year-old is said to have tried to rob residents of a farm near Freising in 2005.
Now there is a lack of evidence.
District
- The indictment in the trial against a 37-year-old Bosnian before the Landshut district court is shaky: Together with three other accomplices, the man is said to have tried to rob residents of a farm near Freising in 2005.
But the evidence situation has "worsened significantly" since the indictment was brought, judge Andreas Wiedemann said and, at the request of the defense, revoked an arrest warrant.
Defense attorney Frank Hatlé had reprimanded defense lawyer Frank Hatlé that this was “only motivated by the admission of a professional criminal”.
The accusation
In fact, the indictment is based on the statements of a 43-year-old who admitted the brutal robbery in 2019 before the district court and named the accused as an accomplice during the hearing.
The witness is no longer available to the court for questioning because he was deported to Serbia in the summer.
The robbery
According to the prosecution, four men went to the property on the morning of May 24th under the pretext of buying a sheep. Together with the couple and another resident of the farm, they went to a garage that had been converted into a slaughterhouse to negotiate the purchase. There one of the perpetrators pulled a gun, threatened the couple and asked for money. The couple and their roommate were then handcuffed. The perpetrators grabbed their wallets with a total of 2500 euros. Then they felted the house. As could be heard on the sidelines of the negotiation, they overlooked a safe with 80,000 euros.
The Serb stated in 2019 that the idea for the robbery arose spontaneously at a family celebration where he and an acquaintance met two men.
They would have celebrated and drank with them.
One then said that there was a family living on a farm nearby that had money.
The next morning they left.
The 43-year-old was sentenced to six years imprisonment for serious robbery and dangerous bodily harm.
As part of the understanding, the Serb wanted to earn plus points by naming accomplices, speculated the defender.
The fact is that the man is the "only evidence" against the accused, said Judge Wiedemann.
And now that he is in Serbia, questioning the court is “no longer possible.
The lawyers
Prosecutor Büttner claims not to have known anything about the deportation of the witness, but protested against Hatlé's statement that the Serbian had been released from custody by order of the public prosecutor's office in order to be deported.
According to Büttner, deportations are not the responsibility of a public prosecutor.
Co-defender Marco Noli denied the allegation on behalf of the Bosnian.
Otherwise, no information will be given.
The police
A criminal investigation officer reported that the Serbs' statements about his accomplices were "relatively vague".
Later in prison he was presented with pictures of the perpetrators to choose from.
Then he identified today's defendant as one of the men from the family celebration.
Otherwise, no traces were found that would point to the defendant.
The process will continue next Friday.
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