[align=left](4) As to the Applicant's request to hear his doctor, the Supreme Court
observed that the question raised by the Applicant, was one to be
answered by an expert and that, in fact, one of the experts had also
been heard on this point. In addition, this witness, too, had been
questioned by the police and the report had been read out at the trial.

(5) As to the policemen who as responsible for the report on the
Applicant's reputation, the Supreme Court observed that the Applicant
had not formally requested to hear this witness, but that, in fact, he
had been heard by the police and the report had been read out in court.
Furthermore, the point in question was not decisive for the case.

(6) As to the refusal to hear the wife of a neighbour to whom the
Applicant said he had mentioned on the day after the crime, the fact
that he had taken a woman along in his car, the Supreme Court agreed
with the trial court and held that the fact in question was a detail
of no importance.

(7) As to the expert opinion and as to the Applicant's demand to hear
a new expert, the Supreme Court took the view that the opinion of the
first expert was not unclear or contradictory and that therefore no new
expert opinion was necessary. As to the request to examine a larger
piece of the woollen vest, and to have the examination carried out by
two experts, the Supreme Court pointed out that the Applicant had
failed to make such a request at the trial. The failure to swear the
expert in before the trial did not constitute a reason for quashing the
judgment since, at least at the trial, the expert had been sworn in.
On the basis of declarations made by the witness V., criminal
proceedings were instituted against the Applicant's mother-in-law, on
the charge of having tried to influence the witness on the morning of
the first trial in Korneuburg. At her trial, on .. June, 1963, she
denied the fact that she had talked at all to V. Her lawyer accused V.
of perjury and undertook to prove this by the neighbours who according
to the Applicant, had travelled together with him in the bus on the
morning after the crime. The Court considered this question as
irrelevant and convicted her without hearing these witnesses. Upon her
plea of nullity, however, the Court of Appeal, on .. February, 1964,
set aside the trial because of the refusal to hear these witnesses.

Subsequently, the Public Prosecutor discontinued the proceedings.
On a similar charge, proceedings were also instituted against the
Applicant's wife and, on .. May, 1965, the Applicant was heard as a
witness at the trial of his wife. For this purpose, the Applicant was
taken from the Stein prison to the court in Korneuburg. During the
transport effected by train and tram, and on foot through public
streets, the Applicant was escorted by two guards, hand-cuffed and
wearing convict's dress although he had asked for the prison director's
permission to wear his civilian clothes. In from of the court room he
met his children of 5 and 8 years. As evidence he submits several press
photos.

II. Whereas the Applicant alleges, in particular, the following
violations of the Convention:

Article 3
On three occasions, on .. December, 1962, during his first trial at the
inspection of his car, on .. June, 1963, during his transfer from the
Korneuburg prison to Vienna, and on .. May, 1964, at the trial of his
wife, he has been exposed to the public hand-cuffed and on the last two
occasions, also in convict's dress. He considers this as inhuman and
degrading, particularly since he found himself in view of his children
at the hearing in Korneuburg.

Article 6 (2)
He considers it as incompatible with the presumption of innocence that,
at the first trial, during the inspection of his car, he was
hand-cuffed before the jurymen who thus must get the impression that
he was guilty.

Article 6 (1)
He complains of the length of the proceedings and of his detention on
remand. He considers as not justified the periods of 14 months until
the indictment and of 17 months until the first trial.
According to him, he had no fair trial. The witnesses were under the
impression of the numerous press reports on the crime and his arrest,
when they were first heard by the police.
The Applicant states that two witnesses were known to the police
already before his arrest, but that the police deliberately heard them
only two days afterwards, after the first press report had appeared.
The Applicant complains that the Judges at the Vienna trial were
prejudiced and asked irrelevant questions with the only purpose to
downgrade him in the eyes of the public and of the jury. The evidence
was not evaluated correctly.

Article 6 (3) (a)
The police and the investigating judge did not inform him fully of the
evidence already taken. They even deliberately misinformed him on
certain points.

Article 6 (3) (b)
The request of his first counsel, Dr. Y., to send the file from
Korneuburg to Vienna was refused. He withdrew therefore from the case
and the second lawyer had only two days to see the file and to prepare
the defence for the first trial at Korneuburg.
On the other hand, upon demand of the Public Prosecutor at Korneuburg,
who acted in the case also at the second trial in Vienna, the file was
sent to Korneuburg.

Article 6 (3) (d)
As to his requests to hear further witnesses and experts, which were
refused by the Court, the Applicant repeats the arguments of his plea
of nullity. In reply to the reasons given by the Supreme Court in its
judgment of .. February, 1964, he develops his arguments as follows:

(1) At the trial his lawyer had, according to the Court record,
requested to hear Major W. "on the subject of the police
investigations". If this had been considered as not sufficiently
precise, the Court should have given him a chance to specify his
request. In fact, the trial court had known perfectly well the reasons
why the examination of this witness had been requested. The Court
record was not verbatim but only gave a summary of his lawyer's
declaration. The Applicant sets out in detail the alleged
contradictions and mistakes of the police report, and points out that
this report was part of the file available to the jury and therefore
inevitably influenced their judgment.
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