A climber has been found guilty of gross negligent manslaughter after his girlfriend, whom he left behind on Austria‘s highest mountain after encountering some difficulties on their trek, died.
Thomas Plamberger, 37, a chef from Salzburg, received a five-month suspended sentence and was fined 9,400 euros ($15,165) for the death of Kerstin Gurtner, 33, in January of last year.
The couple were climbing the Grossglockner in the Austrian Alps, which stands nearly 3,800 metres above sea level, when they ran into trouble.
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Plamberger was convicted in Innsbruck, western Austria, on Friday, where his offence carried a maximum sentence of three years’ imprisonment.
The judge, Norbert Hofer, also an avid climber and mountain rescuer, ruled that Plamberger was a highly experienced climber whose girlfriend was ill-equipped to complete their hike.
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The prosecution argued that, as the far superior climber, Plamberger was responsible for the couple’s safety.
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It also said he left his girlfriend “defenceless, exhausted, hypothermic and disoriented” close to the summit as he attempted to find help after making a series of mistakes, including poor planning, insufficient clothing and equipment in freezing conditions. He also failed to alert rescue teams to their struggles as soon as they arose in the early hours of Jan. 19, the prosecution said.
Plamberger pleaded not guilty and had previously told the court he was “endlessly sorry” for his girlfriend’s death, local media wrote from the courtroom on Thursday.
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“I loved Kerstin and didn’t want anything to happen to her,” he said.
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Plamberger told the court that his late girlfriend was an enthusiastic mountaineer in excellent physical shape and that they had organized the climb together.
“We always planned the tour together and took decisions jointly,” he said. “I did not lead the tour, so was not in the lead role.”
In previous statements to police, he reportedly described himself as leading and planning the trek. He also claimed that the extreme conditions had taken them by surprise.
Asked why he did not call emergency services, he said, “It was an absolutely exceptional situation. Kerstin had no strength left, so I secured her to the rock with a rope and then climbed down.”
In a statement sent to the BBC, the court said it considered Plamberger’s clean record and the loss of a person close to him “to be mitigating factors.”
According to outlet, Hofer said the couple should have turned around as Gurtner was not experienced enough to navigate the hostile winter conditions.
After having second thoughts about leaving Gurtner alone and turning back, he said she shouted to him, “Go, go on your own and save your own life.”
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Hofer ruled that Plamberger displayed poor judgment in the situation, but said he did not “wilfully” leave his girlfriend behind.
“I don’t see you as a murderer, I don’t see you as cold-hearted,” the judge said.
The incident has drawn widespread attention and sparked extensive discussion on social media, particularly within the mountaineering community, about liability in climbing incidents.
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