“Everything indicates that gambling was illegal there,” the public prosecutor is convinced. “There were chairs for the guests, the room was darkened and there were even drinks ready.” However, the defender firmly countered: “There were four attempts by the police to clarify the situation and none of these observations revealed a match.” It is a three-hour tug-of-war in front of the Ebersberg district court that the defense and the prosecution deliver on this day – a tug-of-war in which luck seems to turn several times.
According to the defendant, the machines are only intended to store spare parts
Although the defendant from the northern district of Ebersberg looks visibly nervous, his line of defense is very clear from the start: he is innocent. “These seven slot machines in the back room of the butcher shop are only used to store spare parts,” says the lawyer. The 40-year-old accused is also the owner of several shops where legal gambling is possible.
But the evidence from the police points in a completely different direction: “Everything indicates that illegal games were played in the back room of this butcher’s shop, the photographs and investigations by the police alone speak for this,” according to the public prosecutor’s office. “There are chairs for the guests, the room is darkened to prevent prying eyes and there were even drinks available.” The police took the said pictures during a search of the shop in the western district.
According to the defense, the statements of the witnesses are irrelevant
A former employee also incriminated the accused heavily. She worked in the grocery store in question and noticed several times that guests would come to play after the store closed. The defense dismissed her testimony as irrelevant. She had had an intimate relationship with the accused in the past, which is why she is personally very biased. It was only through her indictment that the police came across the case in the first place.
The employee’s husband, who works right next to the butcher’s shop, also testified against the accused. The lawyer also rejected this statement on grounds of bias. Witnesses and the accused then make various accusations against each other. It’s about threats, demands for money and other ongoing investigations. “She kicks in all directions,” the defendant describes the behavior of the witness. So it’s all just a dirty rose war? The court sees things differently.
There is clear evidence – even without the witnesses
Because the evidence from the police weighs heavily: “All slot machines were connected together to a power strip and also connected to the Internet via a LAN cable,” said the investigating police officer. In his closing speech, the public prosecutor was undeterred: “I’m demanding six months in prison.” Since the accused was a first-time offender and a repeat offense could be ruled out, he allowed the possibility of suspending the sentence on probation. He also asked for a fine. “The number of machines ultimately suggests that a lot of money was made with them,” said the prosecutor.
District judge Frances Karn agrees with this view: “I see it the way the public prosecutor does. The photographs are clear evidence.” All machines would also have been demonstrably ready to play. So the verdict: 150 daily rates of 70 euros each. The bottom line is 10,500 euros.