Schmidt has full access to the files .

Thomas Schmid, a key witness in Austria’s ongoing corruption investigation known as the Casag affair, has been granted full access to case files, according to sources close to the probe. The move comes after the Economic and Corruption Prosecution Office (WKStA) submitted a 1,435-page report detailing its findings into data related to the Austrian People's Party (ÖVP)'s advertising scandal. Schmid received this access on July 3, it was revealed, despite not being formally accused of wrongdoing. His legal status as a crown witness, someone whose testimony is crucial to the prosecution, has allowed him to request and obtain this unprecedented level of insight into the evidence against others. The granting of such access is typically reserved for suspects who face charges, allowing them to prepare their defense. Witnesses usually do not have this right unless they can demonstrate a legitimate interest. Schmid, however, has argued that his position as a crown witness puts him at risk of being re-indicted should any of his statements be found false. He claims that he could become a suspect again if the information he provided turns out to be inaccurate, which would justify his need to review the documents. In response to Schmid’s request, the WKStA stated that providing him with access to the files was not a discretionary decision but a legal obligation. According to the authority, Schmid must be able to defend himself against potential accusations of false testimony, especially since his statements could lead to the reopening of proceedings against him. This access allows him to identify any evidence that might challenge his credibility and respond accordingly. Schmid’s concerns are not unfounded. He has faced repeated allegations of making false statements, particularly within the broader Casag case. Most recently, former Chancellor Sebastian Kurz filed charges against Schmid in April, accusing him of lying during a trial involving former ÖVP parliamentary group leader August Wöginger. These allegations were part of a separate investigation into the Postenschacher case, and additional complaints have since been added to the file. The WKStA is currently reviewing these claims separately. Legal experts have weighed in on the implications of Schmid’s access to the files. Professor Robert Kert, a criminal law specialist at Vienna University of Economics and Business, acknowledges that Schmid likely has a valid reason to examine the case materials given the constant scrutiny he faces. However, he questions whether the extent of the access is justified. Kert argues that while the public interest in accurate prosecution is paramount, witnesses should testify based on their personal observations rather than what they find in the documents. He suggests there should be a balance between protecting the rights of witnesses and ensuring the integrity of the judicial process. The WKStA maintains that Schmid’s role as a crown witness necessitates this level of transparency. According to spokesperson Martin Ortner, the office has no discretion in the matter, it is a statutory requirement to provide him with access to prevent any future legal complications. The agency emphasized that Schmid’s ability to scrutinize the evidence ensures that his testimony remains credible and that any potential inaccuracies can be addressed before they lead to further legal action. As the Casag affair continues to unfold, the issue of how much access crown witnesses should have to case files remains contentious. While Schmid’s situation highlights the complexities of balancing due process with the need for reliable testimony, the WKStA insists that its actions are strictly governed by law. The outcome of the ongoing investigations will depend largely on how effectively the court manages these competing interests.