The former head of aggregate development at Audi could bring about a turnaround in the process.
(Photo: dpa)
Dusseldorf, Munich The ranks in the Audi process are thinning: since this Wednesday, only three former Audi managers have been in the dock for the first time. The Munich II district court dropped the proceedings against the engineer Henning L. shortly before Easter against payment of 25,000 euros. L. had supported the judiciary as a key witness at an early stage in clarifying the scandal.
After around two and a half years of trial, ex-boss Rupert Stadler, former head of aggregate development Wolfgang Hatz and engine developer Giovanni Pamio are still on trial. It won’t stop there. Pamio also recently admitted his actions and made a full confession.
Now there is much to suggest that Hatz will also take such a step. That would be a spectacular turnaround, because Hatz had always maintained during the 162 days of negotiations that he was not involved in the fraud and that he was innocent.
On Wednesday morning, the court interrupted the ongoing main hearing. The reason: Judges, prosecutors and the defense attorneys of Hatz sit down for a so-called legal talk. In criminal proceedings, this is the attempt to reach an agreement between the accused, the public prosecutor and the court.
There could be a good reason for this to happen: at the end of March, the criminal court led by presiding judge Stefan Weickert took stock and made it clear that they held the men in the dock guilty. Only with a confession, the judges hinted, could the ex-Audi manager get away with a suspended sentence.
guilty verdict likely
The court is convinced that both Hatz and Stadler are guilty. Hatz was therefore directly involved in the manipulation of the engines. He also knew that software would be used to detect whether a vehicle was on the test bench or on the road. Exhaust gas cleaning was active in the test laboratory, but was reduced on the road.
In this way, the vehicles saved the urea Adblue, which had to be injected to neutralize the nitrogen oxides. However, the tanks in the cars were much too small for cost reasons.
The former Audi boss will soon have to decide whether to make a confession.
(Photo: dpa)
The allegations against Stadler are different: he was not directly involved in the technical development of the diesel engines. Rather, as Audi boss, he allowed dirty cars to continue to be sold, even though he already knew about the diesel manipulations, according to the accusation. Stadler also has to decide whether to confess or risk jail time. The court expects an answer from the two by next week at the latest.
According to insider circles, Stadler and his lawyers do not want to explain themselves this week. Accordingly, Stadler has not yet finally decided how he wants to behave.
Stadler and Hatz face imprisonment
Both Hatz and Stadler were already in custody. Stadler was held in the Augsburg-Gablingen prison for around four months, and Hatz was even held in Munich-Stadelheim for nine months. This pre-trial detention would count towards a prison sentence. Nevertheless, both Audi managers would have to reckon with going to prison again if they were convicted.
At least under civil law, Stadler and Hatz do not face any further trouble. This is not a matter of course, because the usual manager liability insurances do not step in in the event of intentional crimes.
But the VW Group has already reached an agreement with its former management team and the insurance consortium: in mid-2021, a payment of 288 million euros was agreed. Insurers contributed the lion’s share. Former VW boss Martin Winterkorn paid a good eleven million into the pot, Stadler 4.1 million euros and Hatz 1.5 million euros.
However, the three remaining defendants are likely to face high payments elsewhere. The legal costs would have to be borne by them in the event of a conviction. Those involved in the process say that in the end these could probably be significantly more than two million euros.
And the approaching end of the first criminal proceedings does not mean that the criminal investigation into the diesel scandal at Audi is complete. The Munich II public prosecutor’s office had already submitted another indictment in the summer of 2020: It is aimed at the former development directors Ulrich Hackenberg and Stefan Knirsch, the former purchasing director Bernd Martens and the now retired developer Richard Bauder. In the past, the accused have always denied the allegations.
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