Bethany BellBBC correspondent in Vienna
An Austrian mountaineer has been found guilty of gross negligence homicide after his girlfriend froze to death on Austria’s highest mountain last year.
The man, named only as Thomas P in line with Austrian privacy laws, was given a five-month suspended prison sentence and fined €9,600 (£8,400).
His girlfriend, Kerstin G, died of hypothermia during an ascent of Grossglockner in January 2025.
In a statement sent to the BBC, the court said it considered Thomas P.’s clean criminal record and the loss of a close relative “as mitigating factors”.
She indicated that she had also taken into account “the public debate on social networks, which was incriminating for the accused”.
Judge Norbert Hofer, himself an experienced climber who works with mountain and helicopter rescue teams in Tyrol, said that Thomas P. was an excellent mountaineer, but that his girlfriend was light years behind him in terms of climbing abilities.
He said the couple should have turned back because Kerstin G did not have enough experience in winter conditions.
The court also heard from Andrea B, a former girlfriend of Thomas P, who described how he left her alone during a previous tour on the Grossglockner in 2023.
She said she was exhausted, dizzy and her headlight went out.
She said she was crying and screaming when he suddenly disappeared, walking ahead and leaving her behind.
According to Austrian media, the court heard how the mountain rescue team found Kerstin’s body hanging upside down from a rock face.
One of the rescuers told the court she was carrying her backpack and her head was tilted back.
Her eyes were wide open, she was not wearing gloves and her boots were open, he said.
“We were surprised she stayed in that position.” If the wind had been stronger, “she would have fallen on the south face.”
The prosecution said there were strong winds of up to 74 km/h (45 mph) and it was very cold. It was -8°C, with a wind chill of -20°C, they said.
They argued that as the most experienced climber, Thomas P was “the guide responsible for the tour”.
They said he didn’t turn around or call for help in time to help his girlfriend.
Thomas P. should never have allowed himself to find himself in such a situation, the prosecutor said.
Thomas P. pleaded not guilty. He told the court he was deeply sorry. He said he loved his girlfriend, who was very sporty, and that they planned the trip together.
His lawyer, Kurt Jelinek, said the couple was in a very difficult and stressful situation.
He said Kerstin was not inexperienced and knew what she was getting into.
Prosecutors say the couple became stranded on the mountain and the man did not call police or send any distress signals when a police helicopter flew overhead around 10:30 p.m.
Video footage from the helicopter showed the couple still climbing. The judge noted that no distress signal had been sent.
The defense argued that at that time, Thomas P. and his girlfriend were still feeling well and had not called for help because they were near the top.
Webcam footage shows the lights of their torches as they climbed the mountain.
But soon after, the defense said the situation changed dramatically, when Kerstin was exhausted approaching the summit.
The defense said she told Thomas P to get help.
On January 19 at 12:35 a.m., he called the mountain police. The content of the conversation is disputed. Rescuers said it was not an emergency call, but the lawyer said he denies telling police everything was OK.
He climbed to the top and descended on the other side, leaving Kerstin behind. Prosecutors say he left her at 2 a.m.
Webcam footage shows his torchlit silhouette descending from the summit.
The trial has sparked interest and debate, not only in Austria but also in mountaineering communities far beyond its borders, raising the question of when personal judgment and risk-taking become a matter of criminal liability.
The case is subject to appeal.