A saleswoman reports a pensioner. He is said to have pretended to be a police officer in her shop and threatened her with a fine because she was not wearing an FFP2 mask. According to the accused, nothing happened.
The accused denies the accusation before the Zurich District Court.
A 77-year-old pensioner who looks his age is in court. The charge is usurpation. The accusation is five lines long and consists of a single, somewhat convoluted sentence: “The accused pretended to be a police officer to the shop owner and threatened her with a fine because she had not worn an FFP2 mask, although he had no public order to do so the police or any other state institution, what he knew and wanted.”
No, the accused definitely does not look like an active police officer. He appeared with a defense attorney before the Zurich District Court. He denies the allegation. At the time to which the indictment refers, in March 2021, he had only been to the Zurich shop in question and bought a scarf. He paid like a normal customer and left. He really doesn’t know why the saleswoman blackened him like that, it was outrageous. Later he tried several times to go back to the store because he wanted to show the saleswoman that the scarf was damaged. However, the shop was always closed.
“A nice scarf,” says the judge
The accused shows the single judge the scarf. “A beautiful scarf,” he says. The judge wants to know whether there was a conversation in the store about wearing protective masks. “No,” says the accused. He also could not explain why the saleswoman said in the investigation that she was afraid of him and therefore locked the shop again and again.
The suspect was diagnosed with bipolar disorder in 2016. In March 2021, however, he was fine, he says when asked about it. He had no mental problems and no manic phase. He always takes his medication. The single judge asks whether it could not be that he forgot her once. No, he always has them in his pocket.
The public prosecutor, who does not have to appear at the trial, applies for a conditional fine of 30 daily rates of CHF 50 each. The defense attorney wants an acquittal. The accused could not explain how the seller came up with her assertion. It’s not up to him to explain it. There was never a threat or aggressive behavior. Both the seller and the customer wore a medical mask during the incident. The accused is an innocent citizen.
Credible seller
The single judge acquitted the 77-year-old. However, he explains that the seller is extremely credible. “She experienced it that way.” The woman did not ask for any money from the court, she just wanted to be taken seriously. The judge explained that he was convinced that there had been a discussion about wearing a mask. The accused appeared to be “know-it-all”. The grotesque, disturbing situation can be explained with the bipolar disorder. He could imagine that the accused was in a manic phase and pretended to be a police officer.
However, he has doubts that the accused threatened the seller with a fine. The judge says this cannot be done. If he only pretended to be a police officer, that was not enough for usurping his position, hence the acquittal. He trusts that the accused will now avoid the store. The costs go to the court treasury.
Judgment GG210313 of March 3, 2022, not yet final.