Report from the trial - Part 4

The lawyer of the police officers Ofner reads out the Report of the Human Rights Advisory Committee:
Page 7: "......in cases where resistance is anticipated security can, if necessary, be achieved by force."
Page 9: "..at that point in time no specific orders had been issued except the decree below (regarding the cost of air tickets)."
The report states that, leaving aside the police officers' own responsibility, it is incomprehensible why there were no written rules of conduct.

Ofner: "As late as May (right after the death of Omofuma) all the decrees were in force? That by itself shows that there were intensive efforts to change the situation!!

The Judge summoned the witnesses:
Vassil Stoyanov Iljev (Medical doctor who confirmed Omofuma's death) and 2nd witness from Bulgaria. The two witnesses were not present.

The Judge announces that he will now hand out the transcript, during an break in the trial
Ofner: "You're doing such a wonderful job here, the transcripts are available so quickly, we'll have to come to Korneuburg more often!"

Proceedings:
The Judge said he had not been idle and that he had obtained a copy of the 1993 Parliamentary question tabled by Theresia Stoisits from the Green Party and the relevant Report (answers to the 11 questions) by Col. Rupf, from the airport police in Vienna.

Ofner explained: When a question is tabled in parliament, the minister has a period of two moths to respond; a file must, therefore, be in existence.

He therefore applies:
for the entire file to be obtained (from the Ministry of the Interior)
which he expects to contain all the information, as he assumes that the file will not be stripped down beforehand!

The judge reads out a facsimile message dated 6.3. 2002 in connection with the claim that that was already Marcus Omofuma´s third deportation and states that this is not borne out by the fax. Nor did G. and K., when questioned, know that this was supposed to have been his third deportation. The judge explained that it might have been referring to the fact that the case had been appealed at the UVS (Unabhängiger Verwaltungssenat).
In addition, the Judge reads out a facsimile message of 7.3. from one Dr. Karl A. saying:
"I am neither a medical witness nor do I know the police officers personally. Whilst I, as a medical practitioner, might have been able, by other symptoms, to recognise his suffering, the police officers, as laymen, could not have noticed a Black man's skin turning blue, and... (couldn't quite catch this - it was about understand him shaking his seat, to draw attention or to protest)".