Ex-Linz mayor acquitted in infidelity trial

Klaus Luger, the former mayor of Linz, has been acquitted of embezzlement charges. The verdict, delivered Friday at the Regional Court of Linz, is not yet legally binding. Luger, a member of the SPÖ party, faced accusations related to the "Brucknerhaus affair."

Prosecutors alleged that as city leader in 2017, Luger commissioned a legal opinion costing around 19,000 euros. They contended this opinion primarily benefited him personally. The case stemmed from an incident during the selection process for the artistic director of the Linzer Veranstaltungsgesellschaft (LIVA), which manages the Brucknerhaus concert hall. Luger had allegedly leaked hearing commission questions to his preferred candidate, Dietmar Kerschbaum.

When compliance allegations against Kerschbaum surfaced, and it became known he had received the questions, Luger, who also chaired the LIVA supervisory board, commissioned the legal opinion. He was aware he was the source of the leak. At the trial's outset, Luger admitted to a "big mistake" but pleaded not guilty.

The court's decision was influenced by statements from two legal experts who had provided the opinion. They invoked their right to refuse testimony, citing professional secrecy. However, they submitted a detailed statement to the court. In it, they explained their mandate was to examine Kerschbaum's potential criminal conduct for receiving the questions and Luger's information duties as supervisory board chair. They noted that a thorough review, especially concerning Luger's potential involvement, would have incurred higher costs.

The court ultimately found no evidence of financial damage to the city or willful abuse of power by Luger. The acquittal was based on the principle that Luger had sought legal counsel and relied on that advice, and that his actions did not demonstrably cause financial harm or constitute a knowing misuse of authority.