An Austrian climber has been found guilty of gross negligent manslaughter 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, has been given a five-month suspended sentence and fined €9,600 (£8,400).
His girlfriend, Kerstin G, died of hypothermia during a climbing trip on the Grossglockner mountain in January 2025.
In a statement sent to the BBC, the court said it considered Thomas P’s previous clean record and the loss of a person close to him “to be mitigating factors”.
It said it also took into account “the public discussion on social media, which was incriminating for the defendant”.
The judge, Norbert Hofer, himself an experienced climber who works with mountain and helicopter rescue teams in Tyrol, said Thomas P was an excellent Alpinist, but that his girlfriend was light-years behind him in terms of her climbing abilities.
He said the couple should have turned back as Kerstin G did not have enough experience in winter conditions.
Although the judge decided Thomas P had misjudged the situation, he said he had not left her behind “wilfully”: “I don’t see you as a murderer, I don’t see you as cold-hearted.”
The court also heard from Andrea B, a former girlfriend of Thomas P, who described how he had left her alone on a previous tour on the Grossglockner in 2023.
She said she had been at the end of her tether, feeling dizzy and her headlight had gone out.
She said she was crying and screaming when he suddenly disappeared, walking ahead and leaving her behind.
The judge also questioned Thomas P’s account of how he had left Kerstin on the mountainside. Hofer suggested instead that, based on her position in the photos taken by the rescue team, she may have had a fall.
The court heard how the mountain rescue team found her body hanging upside down from a rock face, according to Austrian reports.
“We were amazed that she remained in that position,” one of the rescuers told the court. If the wind had been any stronger, “she would have fallen over 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 -8C, with a windchill temperature of -20C, they said.
They argued that as the more experienced climber, Thomas P was “the responsible guide for the tour”.
They said he failed to turn back or call for help in time to help his girlfriend.
Thomas P should never have allowed himself to get into this situation, the prosecutor said.
Thomas P pleaded not guilty. He told the court he was deeply sorry. He said he had loved his girlfriend, who was very sporty and that they had planned the trip together.
His lawyer Kurt Jelinek said the couple had found themselves in a really difficult and stressful situation.
He said Kerstin G was not inexperienced and knew what she was getting into.
Her parents told the court she had been “really active” in mountaineering since 2020, and her mother said she would not have “gone along blindly”.
Forensic pathologist Claudia Wöss confirmed to the court that she had died of hypothermia, adding that she had found evidence of viral pneumonia and the painkiller ibuprofen in Kerstin G’s body.
She was unable to assess whether her physical capacity had been impaired by the illness, and if it had made a sudden decline in her condition more likely.
