A 55-year-old IV pensioner bit a security guard at the Schluefweg swimming pool in Kloten. In court, however, he gets worked up about an alleged accusation that is not mentioned in the indictment.
Securitas employees on a tour of a swimming pool.
“I don’t give a shit what you mean, I don’t have time anymore,” the 55-year-old accused IV pensioner interrupts the single judge when he wants to justify his guilty verdict after the verdict has been pronounced, and limps out of the room on a crutch. He is flying to the Cape Verde Islands in three days anyway, where he is supporting two two-year-old boys financially. Then he turns around again and says to the judge: “Actually, I should pull the stick over your grind.” However, he could control himself, although the judge deserved it. He only says that the accused should go now, otherwise there will be a new criminal complaint against him.
The accused, who did not take a lawyer with him, is not a blank slate in terms of process technology: At the last criminal trial in Bülach in August 2018, he slammed the door loudly when leaving the room early. At that time he was sentenced to a partially suspended prison sentence for sexually abusing a girl next door. A time-consuming continuation of the judgment up to the Federal Supreme Court was unsuccessful, which is why the man is still about to have to serve a year from it.
The accused has attracted attention several times in his life because of pedophilia: he had already been convicted of abusing a boy in 1993. In 2003 there was a conviction for sexual acts with children to a prison term of 4 years. When asked by the single judge why he had four previous convictions, the IV pensioner replies: “Some are unlucky, others are not. Not everything that the courts decide is right either.”
Security guard bitten in swimming pool
He is actually on trial because in July 2020 he is said to have punched and sworn two security staff at the Schluefweg swimming pool in Kloten and bitten one of them. In the oral verdict, the single judge wonders why the IV pensioner “opened a field” in such detail during the process that was never an issue in the process.
During the questioning, the accused repeatedly said that he had been accused of abusing a girl in the swimming pool. But that’s not what the indictment says at all. And for the single judge it is “incomprehensible” why the accused is so stiff on it. This was nowhere an issue in this process “except in the head” of the accused.
According to the indictment, young people reported to the security staff in the swimming pool that there was an altercation with a man in the whirlpool. They went there and asked the suspect to get out of the bathroom to clear things up, after which he pelted them with words like “jerk” and “asshole,” which he admits. This was due to anger and stress under the influence of medication. It was completely humiliating for him to be confronted “in front of thousands of bathers”. Because of the incident, he had to move away from Kloten.
Teeth presented to the judge
He denies punching Securitas employees on the way to and from the office. He only “shoved” one, then the other jumped on him like a fury, wrestled him to the ground and choked him. He was scared to death and bit the man in the arm in self-defense. That was at the same time as the incident “with the black man in the USA” who was killed by a police officer, by which the accused means the George Floyd case. The accused vehemently denies having inflicted a bleeding bite on the hand of the Securitas employee, as the indictment states. In support of this, he takes his artificial dentures out of his mouth and presents them to the judge. He didn’t wear any dentures in the bathroom and couldn’t bite at all.
The behavior of the IV pensioner, who has been suffering from a painful nervous disease and the consequences of an accident with a torn ligament for years, is also very noticeable in the courtroom. In the middle of the process, he pulls out his mobile phone and takes pictures of all the journalists. Only after a reporter remarked that this was forbidden did the single judge intervene and tell the accused to delete the photos. The judge doesn’t care anymore. Regarding the requested fine, the accused says that he will not pay a franc of it. In the closing remarks he repeats: “I have not touched anyone immorally!”, although this was never an issue of this trial.
The single judge finds that the statements of the Securitas employees are much more credible than those of the accused and sentences him to a fine of 100 daily rates of 140 francs each and a fine of 1,000 francs because of the previous convictions for simple bodily harm, multiple assaults and multiple insults. In the case of a probationary period of 5 years, the revocation of the part of the prison sentence of 12 months that was declared conditionally enforceable by the judgment of the High Court of December 2019 is waived, but the accused is issued a warning in this regard. The accused was only a hair’s breadth away from having to serve this part of the sentence as well, explains the single judge.
Judgment GG220015 of April 19, 2022, not yet final.