Almost nine years after the diesel scandal, the trial against former VW CEO Winterkorn has begun. A deal could be reached in the proceedings. But for that to happen, the manager would first have to admit mistakes.
It was a slightly bizarre situation this morning in the Braunschweig district court: About half an hour before the trial against former VW CEO Martin Winterkorn was due to begin, he and his lawyers entered the courtroom. Photographers, cameramen and reporters were ready. Winterkorn remained standing for a few minutes.
But he has no intention of saying anything. He either doesn't answer questions at all or answers them very monosyllabically and unclearly. Winterkorn, who as a top manager liked to be in the spotlight, wants to show: I'm not hiding. Here I am. “I'm fine today” is one of the few answers he gives. Even though he wasn't asked about it at first. When a journalist wants to know how he hopes to get out of the criminal trial, he says briefly: “Let's wait and see.” Then he smiles and disappears again with his lawyers.
Nine years after the diesel scandal came to light
Shortly afterwards, at 11 a.m., the trial that many have been waiting for for almost nine years begins. The VW diesel scandal was exposed in September 2015. Now the issue is the personal guilt of Martin Winterkorn. The man who was once one of the most powerful and best-paid managers in Germany. What is he criminally responsible for?
The court first establishes the presence of those involved and asks the defendant for his personal details: “My name is Martin Winterkorn,” says the 77-year-old. This time clearly and distinctly.
Three charges in one trial
Then, as usual, the first day of the trial belongs almost entirely to the representatives of the public prosecutor's office. There are three charges that the court has brought together in this case. And it takes many hours, until the afternoon, to read them out – with all the details of the VW diesel scandal.
Winterkorn is accused of commercial and gang-related fraud. He is said to have known about the use of VW's cheating software in the USA since May 2014 at the latest, and also about its use in Europe in September 2015. As CEO, he should have stopped the fraud immediately. Instead, VW continued to sell under his leadership and continued to deceive customers.
The public prosecutor's office also accuses him of market manipulation because he did not inform VW shareholders about the diesel scandal in time before the share price plummeted. The third accusation is that he gave false testimony to the Bundestag's investigative committee.
What did Winterkorn know?
One question is central to all the allegations: What did Winterkorn know about the cheating software that VW installed in around nine million cars? About the switch-off device that made the cars appear clean on the test bench, even if they were never able to comply on the road. At what point did Winterkorn find out about it?
He, the engineer with a doctorate, who knew his cars and engines inside out, who ruled with an authoritarian leadership style and had everything reported to him. He knew every technical detail in the company, that's how people said about Winterkorn. This image was played with, and Winterkorn himself liked it.
Defense appears calm
But all of that is not enough in a criminal trial. The court must ultimately be convinced of the defendant's guilt in order to convict him. It must therefore clarify in the trial when Winterkorn found out what.
On Wednesday, the second day of the trial, the defense wants to appear in the courtroom and respond to the prosecutor's allegations. One of Winterkorn's lawyers also appeared in front of the cameras today. Attorney Felix Dörr explained that they are calm about the proceedings against Winterkorn: “We are firmly convinced that all allegations against him can be refuted.”
Winterkorn “not the Main responsible persons”
The defense distributed a press release that morning and, if you look closely, it reads a little differently. Of course, it also says: “Our client did not commit fraud and did not harm anyone.”
But it helps to read between the lines: Winterkorn is not the main person responsible, it says, for example, and it is not right to hold him responsible for the issue of “diesel engines” in all its facets. They are confident of “achieving a good result for our client.”
Winterkorn is not accused of being the “main perpetrator”. And what do the defense attorneys mean when they talk about a “good result”? They obviously deliberately did not write the word “acquittal”.
A deal is not ruled out
In the afternoon, the presiding judge will explain in the courtroom what discussions took place between the court, the prosecution and the defense prior to the trial. The law allows such discussions, but the court must inform the public about them.
From the notes on all the discussions beforehand, it is clear that the defense could well imagine the case being dropped in return for a fine. However, for that to happen, Winterkorn would have to admit that he had knowledge of the cheating software at a certain point in time. It cannot be ruled out that this will happen at some point in the proceedings and that Winterkorn will subsequently pay millions.
But it is not yet time. At least the public prosecutor's office was not prepared in the run-up to the trial and so the presiding judge announced: “The result is: no deal so far.”
health worsened itself
Such a “deal”, known in legal terms as a procedural agreement, is possible if the legal requirements are met and the court, the public prosecutor and the defendant agree. It is possible that Winterkorn's state of health could also play a role in the deliberations of those involved at some point.
He was actually supposed to be in the dock since 2021. However, several complicated hip operations meant that he was unfit to stand trial at the time. That is why the trial against him only began now, almost nine years after the VW diesel scandal came to light. The regional court has initially scheduled 89 days of trial.
