St. Gallen doctor brought before cantonal court for involuntary manslaughter
Published: Wednesday, Dec 6th 2023, 16:31
Updated At: Wednesday, Dec 6th 2023, 16:32
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A doctor from St. Gallen is accused of negligent homicide and failure to provide emergency assistance following the death of his sexual partner. On Wednesday, the 58-year-old Swiss man defended himself against the accusations before the cantonal court of St. Gallen. He was acquitted at first instance. The verdict is still pending.
The head physician and the 32-year-old doctor had met at work in Ticino and entered into a sexual relationship in spring 2015. In August, they arranged to meet at the man's apartment. The woman arrived there in the early evening. Seven hours later, he alerted the police. He had a visitor and now the woman had died, he said on the phone.
In March 2021, the first trial took place at the St. Gallen District Court. There, the public prosecutor accused the doctor of involuntary manslaughter because the death of his partner was a direct result of rough sexual practices. As a doctor, he should have been aware of the risks. He had also failed to make an emergency medical call and take life-saving measures.
The district court acquitted the man. The single judge found that the statements made by the accused were credible. Based on the files, it was also clear that the sexual relationship had been consensual. The woman's relatives were not satisfied with the verdict and took the case to the cantonal court.
"A nightmare"
"I had nothing to do with the woman's death," said the accused at the appeal hearing on Wednesday. There had been no hard and brutal sex games. They had had sex in the bedroom for around three hours with breaks. Afterwards, she got up to smoke.
At some point, he woke up. After walking around the apartment, he realized that the woman was hanging over the balustrade of the balcony. "I thought she had fallen asleep," he said. Then he saw that she had milky cloudy pupils, foaming at the mouth and dark purple lips. Resuscitation no longer made sense. "It's a nightmare for me, it's a nightmare for the family," said the father of two.
Traces covered
The legal representative of the private plaintiffs demanded a conviction for involuntary manslaughter, failure to provide emergency assistance or an unsuitable attempt to provide emergency assistance. He demanded compensation of CHF 45,000 each for the parents and CHF 10,000 each for the two siblings of the deceased doctor.
The accused had covered his tracks and laid false trails. "Before the police arrived, he cleared away the sex toys and cleaned the apartment," said the family's lawyer. Only he could be responsible for the injuries on the woman's body. The accused initially denied the bondage games. However, the victim had told friends about violent sex meetings with the head doctor.
The father of the deceased made an emotional statement to the court. He was angry, he said in Italian and held photos of his daughter and the family in front of the judges' faces. He had been robbed of his beloved daughter. He was tired. For the past eight years, he had asked himself every night why the accused had washed the glasses back then. "My daughter deserves the truth," he said.
Not the first night of love
The public prosecutor's office was not represented. They had requested that the appeal be dismissed. The private plaintiffs had forced the appeal hearing, said the doctor's defense lawyer. He demanded the confirmation of the judgment of the lower court and a full acquittal. The civil and compensation claims should be dismissed.
The private plaintiffs are alone in their criticism of the expert opinion. There was no evidence of any violent external influence. The woman's body had only suffered minor injuries. "The fact that there had already been several nights of love is being ignored," he said. The deceased was a doctor herself and she knew best how her health was. The verdict is still pending. It will be announced in writing in the next few days.
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