"I consider the arguments in both motions for reopening to be so compelling that a thinking jurist cannot find any counter-arguments," hamburger lawyer gerhard strate told the dpa news agency.
Strate and the public prosecutor’s office in regensburg have applied for the criminal proceedings against mollath to be reopened. If the regional court of regensburg, which is hearing the application, rejects the request, the lawyer intends to file an immediate appeal with the higher regional court of nurnberg. "If necessary, we will appeal to the federal constitutional court," said strate.
Mollath, now 56, was admitted to a psychiatric hospital in 2006 on suspicion of being a danger to the public. Among other things, he is alleged to have severely abused his wife. Mollath believes he is victim of a plot by his former wife and the judiciary because he uncovered black-money transactions worth millions of euros.
A few days ago, the bayreuth regional court ordered that mollath must remain in a psychiatric ward for the time being. The chamber was bound by the ruling of the district court of nurnberg-furth from 2006, it said in its reasoning. "The chamber was unable to identify any circumstances that would make the petition for a retrial appear certain to succeed."
Mollath’s lawyer does not attach any great significance to the decision: "it doesn’t give me sleepless nights. I expected nothing less from the bayreuth enforcement chamber," said strate. In the meantime, he has lodged an appeal against the decision with the nurnberg higher regional court.
The attitude of the bayreuth regional court and the months of review of the petition for reopening at the regional court in regensburg show, in strate’s opinion, "that no court in bavaria wants to take the first step. In addition, in his experience, bavarian courts show a "general tendency to persist": time and again, they try to justify wrong decisions instead of admitting mistakes, criticized strate.
The mollath case is a burden for bavarian justice minister beate merk (CSU): in 2012, she initially stood in front of the judiciary for months – and then, in an abrupt about-face at the end of november, ordered the public prosecutor’s office to reopen the case.
The left-wing national party conference in dresden on sunday called on those responsible to "finally commit themselves to correcting the obviously flawed verdict. This bavarian justice scandal must be dealt with and a just end found for gustl mollath." Mollath stands "for many people who are defenselessly at the mercy of an expert legal apparatus because they have rebelled against the cemetery peace of the conservatives," the left-wing resolution said.