What is a bad neighborhood
"It's so exhausting," groans Judge Andreas Zeug after four and a half hours of trial. And tries again: "Has he met him now - or not?" But whether and how a 51-year-old hit his neighbor with his fists, the witness cannot or does not want to remember. Sometimes the retired craftsman, an acquaintance of the victim, claims one thing, sometimes the other. Annoyed, the judge decides: "That is no longer helpful."
It is a tough process that is running on Monday before the Munich II district court. To the left of the witness, a 51-year-old man in a pinstripe suit sits in the dock. Opposite in the dark blue jacket is the 73-year-old neighbor, whom he is said to have injured a year ago. Both met again in front of the Ebersberg district court. This saw no evidence of the crime, acquitted the 51-year-old. The public prosecutor's office and accessory prosecution appealed - and so the neighbors from Ebersberg sit across from each other on Monday.
And portray quite different versions of said Thursday afternoon. The 51-year-old defendant, a noticeably tall man and a technical employee, tells the following story: On that day he came home from work and parked his car in the shared garage. When he wanted to get the bikes out of the garage a little later to cycle with his daughter to dance training, "there was sand on my windshield".
Sand that apparently came from the direction of the throw from the neighboring house. He asked the neighbor to remove the sand. But he insulted him as an "idiot", knocked over a box of tools and asked him to "go back to Austria." The 51-year-old caught him over his garden gate so unhappy that his glasses fell off. "I shouldn't have done that, it was a mistake," admits the 51-year-old, "it wasn't my intention to hurt him."
The negotiation is a mess
The 73-year-old, a retired judge, wants to prove physical and mental injuries with the help of numerous medical documents. The list includes severe concussion, temporary paralysis of the left side of the face, heart and breathing difficulties, and post-traumatic stress disorder. "My wife and I hardly trust each other out of the house," he says after telling his version of the story. Accordingly, his neighbor in the yard nudged him and said: "Clean my car immediately!"
Then the 51-year-old is said to have grabbed him by the shoulder and lunged at him - "it literally exploded." The neighbor pushed him to the garden gate, punched him three times that his glasses broke and his lip split open. When the 73-year-old fled behind the gate in his front yard, the neighbor followed him and beat the 73-year-old with both fists. "He wanted a fight," the 73-year-old sums up.
It's not the first time the two men have quarreled in court. Most recently they had to do with each other under civil law - because the 73-year-old is said to have blinded the 51-year-old with an LED lamp on the house; the arbitration is still ongoing. A conviction of the former judge and co-plaintiff for abuse of titles has long been completed.
What really happened on the afternoon of October 19, 2017? A watschn? A fight? Two policemen remember minor injuries and that the victim was "pretty freaked out". A mediocre decision-making basis for judge Andreas Zeug to convict the 51-year-old for bodily harm - just like the ambivalent assessment of forensic medicine. The 73-year-old's physical complaints could also have other causes, the appraiser explains - after just under five hours, the negotiation reaches a dead end.
In order to reconstruct the neighborhood dispute and put it aside, the hearing is to be continued on November 14th: with an interrogation of the defendant's eleven-year-old daughter - and an expert report by the LKA on the victim's glasses.
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