As of: February 15, 2024, 3:54 p.m
By: Julia Hanigk
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The trial surrounding an alleged rape in Görlitzer Park Berlin collapsed at the first attempt.
The key witness did not appear in court.
Berlin – Three men are accused of committing particularly serious rape, grievous bodily harm and particularly serious robbery in the middle of Berlin.
The trial led to a lot of media coverage, and there was even talk of gang rape.
Now the trial was suspended on the fourth day: the alleged victim did not appear on the witness stand.
The three accused men are now at large again.
Witness does not appear: trial for alleged rape in Görlitzer Park collapsed
The Berlin public prosecutor's office accuses three men between the ages of 22 and 23 of bad things.
According to the indictment, the men of Somali and Guinean nationality are said to have attacked a couple in the early morning of June 21, 2023 and raped the then 27-year-old woman in the middle of Görlitzer Park in Berlin-Kreuzberg.
Shortly after the trial began, the hearings were once again in jeopardy.
Because: The alleged victim did not appear as a witness on Monday (February 12th), and the Berlin regional court suspended the proceedings.
On the fourth day of the trial (February 15th) without a witness, it is now clear: the trial failed at the first attempt.
Defendant released from custody in alleged rape trial
As the court also announced, the arrest warrants against the three defendants were revoked.
They had been in custody for around seven months.
The defense lawyers were already pushing for the defendants to be released from custody: the lawyers were expected to submit habeas corpus applications for the hearing on February 15 at the Moabit district court in Berlin.
Due to the lack of evidence so far, the men should have been released from custody.
That is now unnecessary.
Since a result is not expected for several months, the trial cannot be continued, the court said.
One of the three defendants sits in court before the trial begins.
© Sebastian Gollnow/dpa/picture alliance
The witness did not appear at the trial because she was overwhelmed
Reason for the trial termination: In the foreseeable future, no questioning of the witness, who is a co-plaintiff in the trial, can take place.
She canceled her appearance on the fourth day of the trial at short notice.
The woman from Georgia “felt overwhelmed” and was unable to travel to Berlin, explained her lawyer Roland Weber.
According to him, she wants to be interviewed through the German Embassy in Tbilisi.
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Through her lawyer, she expressly declared her willingness to testify in a video hearing in her home country, Judge Thilo Bartl also added.
Since this is a key witness, the court will make a corresponding request for legal assistance.
Since the beginning of the trial, the focus has been on a short cell phone video that one of the defendants is said to have recorded in the park.
Defense attorneys said that based on the images, sexual acts could have been voluntary.
Due to incident: Fence is intended to protect as a new security measure
The great public horror surrounding the alleged crime even sparked discussions about security measures in Görlitzer Park.
The park is one of the capital's crime hotspots, particularly due to drug trafficking.
A fence around the facility will now help to improve security, as Berlin's governing mayor Kai Wegner (CDU) announced.
(jh with AFP/dpa)