Ebersberg Climate Trial: Judge even has crucifix removed from the courtroom

The defendants in the courtroom: their tactic of delaying the trial worked. © Rossmann

Actually, the Ebersberg District Court wanted to negotiate the action of climate activists. At first, however, it was not very much about the matter.

Ebersberg – In September 2021, several activists abseiled from a bridge on the A 94 near Poing in protest against the IAA auto show. The highway had to be closed by the police. On Wednesday, they found themselves in front of the Ebersberg district court.

Defendants accused of coercion in 192 cases

The defendants, who are accused of coercion in 192 cases, come from all over Germany. Apparently full of confidence in public transport, they had announced a demonstration at 7.30 a.m. in front of the Ebersberg district court on Tuesday – and arrived by S-Bahn at 7.27 a.m. With red and white barrier tape, they cordoned off the parking lot in front of the district court and stretched several banners that bore inscriptions such as "Why are there cars everywhere here?!".

Soap bubbles before the start of the trial: One of the defendants demonstrated in this way for the traffic turnaround. © Rossmann

More than an hour after the official start of the trial, all those involved in the trial were finally in the courtroom. The defendants had arrived with heavy luggage – including a printer – which delayed admission control. The tables of the defense and the defendants were crammed with documents, laptops and codes of criminal procedure, as well as criminal codes. A lawyer had only one of the four defendants with her. She, as well as the other three defendants, also requested that five friends be allowed to take over their defense.

Application for dismissal of the judge on grounds of partiality

The judge allowed two of them, but rejected the rest. They were not sufficiently knowledgeable, he reasoned. And with that, there was a hail of complaints: the rejected election defenders filed a written complaint, as did the defendants whose election defenders were rejected. Finally, one of them filed a motion to dismiss the judge on the grounds of bias: on the one hand, the defendants were already found guilty for him, and on the other hand, he (the applicant) was now the only one without a defence lawyer – the judge was thus violating the Convention on Human Rights.

A security guard of the judiciary observes what is happening in front of the courthouse. © Rossmann

Finally, two of the election defenders came out with a written confirmation that they were already working as defense lawyers. "Why didn't that happen right away?" the judge asked. "It wasn't necessary," was the flippant reply. In the end, Kaltbeitzer admitted all five election defenders. "Now you have what you wanted," he said to the defendants, predicting with a glance at the clock: "Whether we will finish today remains to be seen." It was not until shortly before 12 noon that the personal details of the defendants could be established and the indictment read out.

Strategy of the accused: repeated delay

The strategy of the defendants: continued delay. Before there was a statement, the next motion followed: the cross should be taken down. "We want a threat-free space for everyone present." The cross is an instrument of torture that is contrary to the right to a fair trial. Because the political execution of the activist "who campaigned for an inclusive society," explained the defendant, who was raised Protestant, "represents at least a symbolic threat to me." So the judge showed goodwill and had the crucifix removed.

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Finally, the statements consisted of lectures on the necessity of the traffic turnaround. The defendants did not want to answer questions from the judge or the prosecutor's office. They took a policeman, who was summoned as a witness, into the proverbial cross-examination. However, since he was not present himself as a clerk, he could only give them an unsatisfactory answer. This was followed by the next motion: police officers who are questioned as witnesses should be kept in solitary confinement until the end of the trial so that they could not coordinate with each other. Because: They see everyone else only as "perpetrators or foreigners", their main goal is to lock everyone away.

Prosecutor considers application to be a criminal offence

"I consider this application to be a criminal offense," the prosecutor interjected directly, and the judge also made it clear this time: "The application lacks any basis," he explained the rejection. "I have admitted almost everything so far, but if applications of this quality continue to come in here, I can withdraw your permission to defend yourself."

Because a total of eight witnesses had been summoned, but the proceedings had already been running for seven and a half hours up to this point, the judge finally decided to suspend the proceedings. Presumably in July, three new days are to be scheduled.

You can read even more news from the Ebersberg region here. By the way: Everything from the region can also be found in our regular Ebersberg newsletter.