Eight years after the crime: Trial of brutal attack in Gummersbach reopened

Gummersbach – Three men have to answer to the Cologne Regional Court for joint dangerous bodily harm – the case was referred from the district court to the regional court in 2017 and is now being reopened.

By Peter Notbohm

In February 2016, five men ambushed two other men on Hömicker Weg in Gummersbach-Steinenbrück. It was February 18th in broad daylight. They hid in a bush at around 1:25 p.m. and were armed with a broken chair leg, wooden slats, baseball bats and at least one knife. In the ensuing scuffle, the two victims suffered numerous bruises, and one of the two men also suffered two cuts: a six-centimeter wound on the back of the head and a 14-centimeter wound on the neck. The perpetrators then fled in the direction of Herreshagener Straße. At least that was the accusation made by the public prosecutor.

Now, more than eight years after the bloody crime, Eason O. (43), Haias O. (47) and Laith O. (40) (Editor’s note: all names changed) at the Cologne Regional Court. The three Iraqis, who no longer live in the Oberberg region but in Essen and Munich, are accused of joint dangerous bodily harm. Their two alleged accomplices remain unknown to this day. The proceedings had already been opened in 2017 at the Gummersbach District Court, but were referred to the Regional Court shortly before Christmas because, in the opinion of the lay judges, a conviction for attempted homicide was also being considered. A jury court is responsible for this. Since then, the proceedings have been suspended and the defendants have not been in custody.

It was already clear at the start on Wednesday that it could be a difficult trial for the 5th Grand Criminal Division headed by presiding judge Peter Koerfers. Not only did the crime take place over eight years ago, but on the first day of the trial the judges were also met with a wall of silence. Eason O. had his defense attorney say that he would defend himself in silence. Haias O.'s attorney simply said that his client had not been involved in the case. Laith O.'s defense attorney was a little more specific: his client was in Munich with his wife and a friend at the time in question and therefore could not have been one of the perpetrators.

Three family members of Eason O. also remained silent, all of whom invoked their right to refuse to testify. Another family member stayed away from the trial altogether. His wife stated that he suffered from heart and respiratory problems and that a doctor had advised against long journeys – but she was unable to provide a corresponding certificate.

The chamber hopes to receive more information in the course of the proceedings from other witnesses, the police and Judge Ulrich Neef (Gummersbach District Court), who will testify on Friday. Koerfers advised the defendants that the statements from the district court proceedings can very easily be introduced into the new proceedings. “The facts of the case date back a long time, so special observation is required in this case,” said the judge.

A total of seven days of hearings are scheduled for the trial. A verdict is expected on October 25.