ABSTRACT
Mr Hans Jürgen Fey, a pensioner, rented a room from a Mrs Rosa Kröll from 17 to 27 January 1988. During that period he told her that his wife was very ill and was undergoing treatment in hospital and that he was expecting to receive payments under a pension scheme. As a result, Mrs Kröll gave him money and waived the rent. Subsequently, proceedings were instituted against the applicant for fraud. By a rogatory letter the District Court Judge, Mrs Andrea Kohlegger, put questions to the witness. The judge took a number of steps in the applicant’s case. At a later date a hearing was held in the District Court before Judge Kohlegger sitting as a single judge. The District Prosecutor was present, but the applicant’s lawyer at the time did not appear, although he had been summoned. The applicant and Mrs Kröll were heard and other evidence considered. By judgment of 24 March 1988, the District Court acquitted the applicant of one of the fraud charges but convicted and sentenced him to three months’ imprisonment and compensation on the other charge. The applicant’s appeal to the Regional Court was dismissed. He complained that the case against him had not been determined by an impartial tribunal as the District Court judge had both undertaken preliminary investigations and tried the case. Comm found by majority (16-3) V 6(1).
