Austrian Climber Found Guilty in Girlfriend's Tragic Death on Highest Mountain
An amateur climber has been convicted of gross negligent manslaughter after his girlfriend froze to death on Austria's highest peak, Grossglockner. The 37-year-old Austrian man was handed a five-month suspended sentence and fined €9,400 (£8,200) by a court in Innsbruck on Thursday, following the hypothermia-related death of his 33-year-old girlfriend on January 19 last year.
Mountaineering Errors and Legal Liability
The Innsbruck Public Prosecutors' Office argued that the defendant, who remains unnamed due to privacy laws, should be considered the responsible guide due to his extensive experience with alpine high-altitude tours. Prosecutors accused him of multiple critical errors, including starting the climb too late in the day, failing to make an emergency call before nightfall, and allowing his girlfriend to use unsuitable equipment.
This unusual case has sparked widespread debate on social media and raised significant questions about the extent of legal liability in mountain climbing, an activity typically undertaken at one's own risk.
Details of the Fatal Incident
According to court testimony, the couple was approximately 50 meters below the summit of Grossglockner on a freezing winter night when the woman became exhausted and unable to proceed. Prosecutors alleged that despite being stranded from around 8:50 PM, the man did not make an emergency call or signal for help when a police helicopter flew over two hours later.
At approximately 2 AM, the defendant left his girlfriend exposed to strong winds without using an emergency blanket or bivouac bag from her backpack, as he attempted to seek help from a mountain shelter. He later explained to the court that the situation was extremely stressful.
After contacting mountain police at around 3:30 AM, a rescue operation was not initiated because the man failed to clearly communicate their need for assistance and did not respond to follow-up calls or WhatsApp messages. He claimed his phone was in airplane mode to conserve battery life.
Defense Arguments and Testimony
Defense lawyer Kurt Jelinek contested all accusations, denying that the defendant had a leadership role during the climb. The man, who pleaded not guilty, expressed deep remorse in court, stating, "I am so terribly sorry." He insisted that all decisions were made jointly and that his girlfriend's mountaineering knowledge was nearly on par with his own.
During questioning, he reported suffering from hypothermia and exhaustion himself, claiming he secured his girlfriend to a rock with a sling before attempting to fetch help. He recounted that she urged him, "go now, go!" which he believed saved his life.
Ex-Girlfriend's Testimony and Judicial Ruling
Prosecutors called the defendant's ex-girlfriend as a witness, who testified that during a 2023 climb on Grossglockner, he abandoned her alone at night after an argument, leaving her distressed as her headlamp battery died.
Presiding Judge Norbert Hofer, an experienced mountaineer, ruled that the defendant should have recognized his girlfriend's inability to complete the climb well before they encountered difficulties. He stated she likely would have survived "if the appropriate measures had been taken," such as making an earlier emergency call or turning back.
Judge Hofer emphasized that the defendant was a vastly superior climber and that the victim had placed herself in his care. However, he clarified, "I do not see you as a murderer" or "cold-hearted," acknowledging the man's attempt to seek help. The verdict remains subject to appeal.
