Lawyer adam ahmed has serious doubts about the expert opinion of a psychiatrist about his client. The munich lawyer represents a 40-year-old man from kulmbach, who is currently serving a prison sentence of several years for dangerous bodily harm, before the lower court in bayreuth.
In december 2012, the man, who has a number of convictions, caused life-threatening injuries to another man during an altercation. He had hit him so hard with a chair that the furniture was broken. Then he continued to beat his victim with a chair leg and knocked him down with a fist punch. Then he kicked several times against his head, stomach and upper body. His victim suffered a fractured cheekbone, a brain hemorrhage and 17 broken ribs. The perpetrator was drunk and under the influence of drugs. The subsequent preventive detention had already been reserved in the verdict at that time.
Attorney ahmed criticized the expert opinion of psychiatrist norbert nedopil, who assumes that the defendant is a danger to other people even after his release from prison. The psychiatrist had attested to his client’s lack of willingness to undergo therapy and lack of stamina, which was a problem, especially in view of the alcohol consumption and the associated increased propensity to violence.
An opinion that is not shared by lawyer adam ahmed. The psychiatrist had not had important personal and medical files on his client and had not heard important witnesses (therapists and other people involved with the 40-year-old). Thus he could not really understand the development of the 40 year old and give a neutral opinion. "With no one else was this allowed to pass – but here, because he is a well-known expert!? That’s not possible at all", the lawyer was upset. Thus, the right of his client to a fair trial was violated.
He asked for further witnesses who could confirm the positive development of the player from kulmbach. Then it will be seen that the man is no longer dangerous. The convict, in turn, allowed the inspection of all files – including medical files – which are now being requested from the district hospitals of bayreuth and straubing as well as from the penitentiary in straubing.
Presiding judge michael eckstein pointed out that a long trial is now imminent. "The main hearing with the sentence lasted three days. Now we are already on day 3 – and I don’t know how much longer it will last. Can such a thing be reasonable?" But the munich lawyer stood by his motion.
So the files are requested. The trial will begin on 5. January continued.
During the trial, a misunderstanding even caused a raucous in the courtroom at one point: when kulmbach, who speaks good but not perfect german, was asked why he had not accepted an invitation to speak at the prison, he said, "i’m treated like a piece of glass here." This got judge eckstein in a rage: "i forbid myself to do that!", mab rules the man with a full voice. He explained immediately afterwards that he had meant the treatment in prison. "They want me to go into protective custody. Fighting against this."
If the mabnahme is actually ordered, then the 40-year-old will probably have to do without his freedom for several more years.