There is suspicion of abuse of office, said Franz Hütter, spokesman for the prosecution, on Thursday. According to APA information, these are the two social workers assigned to the case.
According to Hütter, the two people are listed as accused. The spokesman for the Krems public prosecutor’s office did not provide any further details.
The now accused – a man and a woman – were questioned as witnesses at the end of February as part of the jury trial at the Krems regional court. After two reports of danger, child and youth welfare services made unannounced home visits to the mother and son on October 28th and November 18th, 2022 (four days before the boy fell into a coma). Initially, both social workers were there, but at the second appointment, the lead employee of the Waidhofen ad Thaya district administration appeared alone, according to statements. Although he identified abnormalities, he saw no reason for a so-called imminent danger measure.
“All legal and technical requirements complied with”
After the case became known in 2023, the child and youth welfare service emphasized that an immediate examination of the internal processes showed that “all legal and technical requirements were adhered to”. Due to details that became known during the court proceedings, the state ordered the case to be re-examined. The technical supervisory authority should investigate “whether all legal and professional standards” have been adhered to. This exam was recently being finalized.
Victim lawyer Timo Ruisinger asserted official liability claims against the state of Lower Austria out of court in mid-April. A letter demanded 150,000 euros in compensation and liability for all future damage to the boy. The state can comment on this within three months. Ruisinger bases his demands on the fact that the relevant employees of the BH Waidhofen ad Thaya reacted “totally inadequately, thus unlawfully and culpably” to the boy’s dramatic and life-threatening situation.
Meeting of a group of experts
The cause was also the reason for the meeting of a group of experts last year. A corresponding commission report, which includes seven general recommendations, was presented at the beginning of March. The specific facts were not dealt with; data protection regulations and professional confidentiality stood in the way.
The incident caused a stir across national borders. The 33-year-old mother is said to have beaten, bound, gagged her son and repeatedly locked him in a dog crate for hours. On November 22, 2022, the child was in an acute, life-threatening condition. The twelve-year-old survived because of the intervention of a social worker who was known to the family through counseling. A former friend of the Waldviertler woman is said to have acted as an accomplice to the child’s mother.
The 33-year-old received 20 years in prison in the jury trial for attempted murder, torturing or neglecting minors, younger or defenseless people and for deprivation of liberty. Her former girlfriend was sentenced to 14 years for continued violence as a contributor or intended perpetrator. In both cases, they were also ordered to be placed in a forensic therapeutic center. Both verdicts are not final because the defense lawyers have filed an appeal.
