Prosecutor questions murder charge in fatal Lake Constance crash

ORF reports that a prosecutor has told a jury trial in Austria that he does not believe a fatal boat crash on Lake Constance was murder. The 26-year-old defendant now admits he was distracted by his phone and conversations on board and was not constantly watching the lake.

The Dornbirn man is accused of steering his motorboat into a sailing boat off Fußach on October 11, 2025. A 57-year-old woman died in the collision, while her husband survived after jumping into the water but suffered serious injuries.

The prosecution has charged the defendant with murder in connection with the woman’s death, attempted murder in connection with her husband and endangering the physical safety of the passengers on his motorboat. The case is being heard by a jury court.

“I am not convinced that it was murder,” the prosecutor said. “Why would the defendant do that? It makes no sense. I believe he simply failed to observe the area of the lake sufficiently.”

The prosecutor said the defendant had several minutes to react but did not do so. The prosecution had initially sought a conviction for grossly negligent manslaughter. However, during the earlier proceedings, the defendant repeatedly insisted that he had kept a close watch on the lake. Prosecutors now argue that his failure to react despite sailing towards the boat supports the murder charge.

At the start of the trial, the defendant’s lawyer said the incident had been a terrible accident caused by carelessness. She said her client would correct statements he made during the earlier proceedings, when he had been under severe pressure and poorly advised by his former lawyer.

The defendant told the court that he had used his phone to send photos and had been talking to others on the boat. He had also tried to book a berth in Konstanz, but the booking did not work. When asked by the judge, he said he had turned around during the collision and was not looking at the area of the lake.

He pleaded not guilty to the murder charges but accepted responsibility for the crash. His lawyer said she believed the case amounted to negligent manslaughter.

The defence also criticised an expert report presented during the first trial, calling it worthless. The presiding judge of the higher jury court had also found it inconclusive and ordered a new report. The defence said the defendant and his passengers had tried to provide first aid to the couple after the collision and that he had created a dangerous situation unintentionally without accepting the possibility of harm.

The first proceedings in April concerned suspected negligent manslaughter. They ended when the judge declared the court lacked jurisdiction. The judge had not believed the defendant’s claim that he had kept the lake in view but had still failed to see the sailing boat.