The Higher Regional Court (BGH) will deliver its verdict in a family court dispute from Weimar by late November.
The judgement issued by the family court judge, justified in the name of the child's best interests, was swiftly revoked. In step with this, the Higher Regional Court in Jena, Thuringia, alongside the Federal Court of Justice (BGH), confirmed that family courts lack authority in such cases. Judge D., involved in anti-COVID measures protests, had predetermined his decision against the health guidelines in schools as early as February 2021. He sought advice from critics of the measures, even contacting experts beforehand.
By manipulating the case assignment and engaging in conversations with parents or procuring expert opinions, Judge D. ensured a favorable outcome. The Regional Court concluded that D. breached judicial impartiality, intentionally exploiting and misusing his judicial position.
Both the family court judge and the prosecutor's office petitioned the BGH for a review of the verdict by the supreme court. At a hearing on Wednesday, D., claiming innocence, stated, "I never intended to break the law, and I did not break the law."
Defending D., his legal team emphasized the state's role in protecting the child's welfare. D.'s decision was based on facts, and he should be acquitted, they argued.
The federal prosecutor criticized the Regional Court for committing legal errors that benefitted the judge. Specifically, he pointed out incorrect evaluations of statements as partial confessions, and omission of the violation of jurisdiction in the verdict. The case necessitates a retrial in Erfurt, he asserted.
After interruptions from the audience, presiding judge Eva Menges reminded everyone of the high stakes for D. A final conviction to a prison sentence of at least one year would result in the end of his judicial office. The BGH will announce its decision on November 20.
The federal prosecutor argued that the Regional Court committed errors in Judge D.'s case, particularly in the evaluation of statements as partial confessions and the omission of the violation of jurisdiction. The Court of Justice, in considering the case, will hold a retrial in Erfurt.
Despite facing criticism from the federal prosecutor and the possibility of a prison sentence, Judge D. maintained his innocence at the BGH hearing, asserting, "I never intended to break the law, and I did not break the law."
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