Representatives of the family of the murdered CDU politician Walter Lübcke and the Federal Public Prosecutor’s Office have asserted gaps and shortcomings in the judgment of the Frankfurt Higher Regional Court (OLG). They demanded before the Federal Court of Justice (BGH) that the judgment be set aside and that the case be referred back to a new trial.
The Higher Regional Court does not explain plausibly how the DNA of the main defendant Stephan Ernst got to the body of the Kassel district president, said a lawyer for the relatives who took part in the hearing. “At this point in the core event there is a large black hole.” Among other things, the court did not stringently classify the role of the alleged helper Markus H., said the federal prosecutor.
Lübcke was shot about three years ago. In January 2021, the Higher Regional Court sentenced Ernst to life imprisonment as a murderer. The right-wing extremist killed the politician because of his liberal attitude to refugee policy. Markus H., who was accused of helping out, received a suspended sentence for a weapon offence.
The proceedings also concern a knife attack on an Iraqi asylum seeker, who was also accused of Ernst. Revisions are available from all sides. The judgment of the BGH is expected to be announced on August 25th. (Az. 3 StR 359/21)