Higher court increases punishment against Neugasshof owners

The appeal process actually took place in August, but without the 58-year-old accused. Surprisingly, he was admitted to a clinic. His new lawyer, Valentin Landmann, had withdrawn his previous legal representative’s appeal and accepted the judgment of the Zurich District Court. However, the High Court also wanted to hear the opinion of the accused himself. So he was summoned again for questioning. He is currently at large.

Even for trials at the High Court, there is a parade of original audiences on November 4th: The 58-year-old restaurant operator, whom the public prosecutor accuses of having threatened public prosecutors and judges “with mafia methods” in the proceedings, appears accompanied by four extremely muscular, tattooed giants. The fact that he then tells the judges in the courtroom that he is now a member of the Order of Malta and is dedicating himself to those in need seems so grotesque – regardless of the possible truth content – ​​that it would probably have fit into a Monty Python film.

Member room as a drug hub

The Zurich District Court sentenced the 58-year-old to three years in prison in March 2021. It came to the conclusion that the accused was the mastermind behind a large-scale drug trade, sold tons of marijuana and that the top floor of the Neugasshof rock bar in District 5 served as a drug hub.

There was a badge-only members’ room where the deals took place. Selected buyers received the badge. But even those who didn’t have one could be let in by the service staff for a tip of 2 francs per entry and had to consume at least one drink, which also yielded a nice additional chunk for the service staff.

In March 2021, the Zurich District Court had found the man guilty of gang and commercial violations of the Narcotics Act, of depicting violence and of violating the Weapons Act and sentenced him to an unconditional prison sentence of 36 months. He had served 451 days of it.

There was also a fine of 300 daily rates of CHF 250 (CHF 75,000). The district court assumed the purchase of about 427 kilograms of marijuana. The turnover was 3.2 million francs, the profit was 670,000 francs. The accused was obliged to pay compensation to the state for CHF 633,000.

In his appeal to the Supreme Court, the public prosecutor demanded an increase in imprisonment to six years and compensation for compensation from the state of CHF 3 million. The convict, who has already had several changes of defense counsel, originally also appealed. As mentioned, his newest lawyer, Valentin Landmann, had apparently changed his mind and accepted the lower court’s verdict in the Supreme Court in August.

300 pages final word

At the appointment in November, only the questioning of the 58-year-old will take place. He confirms the withdrawal of the appeal and appears purified. He doesn’t drink alcohol, doesn’t smoke and doesn’t take drugs. This is due to his diabetes. During the questioning, the suspect has to constantly check his blood sugar level on his cell phone. He is also questioned again about secondary offences; admits he plugged parking meters with straws, but that’s statute-barred anyway.

He prepared a 300-page closing statement, copied it several times and filed it in folders. Each judge and court employee receives such a folder. It also includes several large format photos, one of which shows him being inducted into the Order of Malta with a saber slap on the shoulder. The accused gives explanations and refrains from reading everything out.

But he criticizes the psychiatric report massively. The appraiser was biased. He had been diagnosed with a “clearly antisocial personality disorder with querulous, paranoid and narcissistic traits”. It was also stated that he had no sense of wrongdoing. A bad prognosis for the future was made for him and a lack of willingness to distance himself from the criminal milieu was attested.

The prosecutor confirms that an investigation into the suspect for violence and threats against authorities and officials is still pending because he is said to have threatened judges and prosecutors during the investigation and in the first instance proceedings. On the day of the questioning, the Supreme Court waived an oral verdict. The decision will later be sent in writing without justification in the dispositif.

It follows that the prison sentence will be increased to four years. The accused was also found guilty of depictions of violence. During the raid on the “Neugasshof”, a propaganda film by the terrorist organization IS was secured on a computer. Among other things, it shows how hostages are hung up by their feet and brutally killed. The amount of the compensation claim remains at 633,000 francs. A fine no longer appears in the judgment of the second instance.

Judgment SB210320 of November 4, 2022, not yet final.