Sebastian Kurz at his first trial in December 2023. (Photo by Thomas Kronsteiner/Getty Images)

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Austrian ex-chancellor Kurz acquitted of perjury allegation that led to his resignation

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Sebastian Kurz, the chancellor of Austria from 2017 until 2021, has been acquitted of perjury accusations.

On May 26, the Vienna Superior Court overturned on appeal a prior conviction by a lower court. In February 2024, the Vienna Criminal Court had sentenced the one-time wunderkind of Austrian politics Kurz to eight months in prison – suspended – for allegedly lying to the Austrian parliament.

The once popular politician who led his Conservative People’s Party (ÖVP) to landslide wins in 2017 and 2019 had been indicted in 2021 by Austria’s Central Prosecutors’ Office for Economic Crimes and Corruption (WKStA). The agency had drawn accusations of pushing a partisan left-wing agenda.

The WKStA accused Kurz of lying in front of a parliamentary investigation committee. The core of the indictment was whether his answer as to whether he had talked to an acquaintance about the latter’s potential nomination as head of a government agency could be interpreted as a denial when he had actually spoken with the man.

The case ultimately hinged on whether the word “na” uttered by Kurz on tape could be interpreted as a German “no” or a “well”.

In the 2024 judgment, the judge Michael Radasztics ruled Kurz had misconstrued his role in the nomination process.

Radasztics later came under fire himself after it was alleged he had illicitly passed on information on ongoing processes to a left-wing politician before the Kurz trial.

The three judges of the Vienna Superior Court have now overturned Radasztics’ sentence. “The objective offence of giving false evidence was not fulfilled,” read the new judgment.

A false statement of evidence would be committed by anyone who deliberately misrepresented facts. Kurz had affirmed he himself was involved in the appointment and had thus answered the question correctly, according to the Superior Court.

In a brief statement after his acquittal, Kurz said: “It has been determined what I have said all the time.”

He had resigned as chancellor  in 2021 following the original indictment in a supposedly transitory move that ultimately became final. Kurz now works as a consultant and investor and has announced he did not plan to return to politics.

Right-wing commentators said they regarded the new judgement as a long overdue vindication and a setback for the WKStA.

Regarding the Superior Court’s ruling, Heimo Lepuschitz, a political strategist closely affiliated with the right-wing FPÖ, wrote on X on May 26: “Another crushing defeat for WKStA after an absurd indictment. More enormous costs for taxpayers. More reputational damage.”