The court expert of the Criminal District Court Vienna, F. Nicponsky states in his court opinion that the forgery features of the testamentary writing, which he determined with 99% certainty, only become clear under the microscope.
In order to set aside this incriminating court expert opinion of SV Nicponsky, the Salzburg expert Rettenbacher is commissioned by Judge Dr. Franz Schmidbauer of the Salzburg Regional Court to prepare another written expert opinion.
In order to secure the judicially assigned expert opinion result for the exoneration of the influential Salzburg perpetrators, the Landesgericjht Salzburg transmits to the handwriting expert Rettenbacher however first only a COPY of the disputed will for the preliminary examination. However, it corresponds to the state of the knowledge that handwriting experts can make on the basis only one copy of the handwriting in question NO determinations. In particular, the forgery features determined by the SV Nicponsky in the course of his expert opinion for the Criminal Court of Vienna on the original handwriting under the microscope can of course in no way be correctly verified on the basis of only one copy of the will.
Nevertheless, the expert Rettenbacher must confirm to the court in a preliminary opinion on the basis of a copy of the will that he will examine the disputed will – also with 99% certainty – as “genuine”. (ON35)
Only after the judiciary had secured the desired, exculpatory expert opinion result in advance, did the court hand over the original of the document to be examined to SV Rettenbacher and commission the “completion” of his expert opinion “in the sense” of his preliminary expert opinion.