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The Basel prosecutor’s office is now concerned about a planned publication of a book for the 2014 Landammann celebration in Zug. Former Zug councilman Spiess-Hegglin denounced “Tagesanzeiger” author Michèle Binswanger for a violation of honor.
- With the announcement, Spiess-Hegglin responds to a tweet in which Binswanger claimed that Spiess-Hegglin had been accusing “an innocent person of rape” for five and a half years.
- The announcement comes after the Zug Binswanger Cantonal Court provisionally banned writing in a planned book or other publications about the 2014 Zug Landammann Celebration about content that could violate Spiess-Hegglin’s personal rights and privacy.
- In cases similar to Binswanger’s tweet, there have been numerous convictions, primarily for defamation. The presumption of innocence applies to Binswanger.
The legal conflict between well-known journalist “Tagesanzeiger” Michèle Binswanger and former Green Cantonal Councilor Jolanda Spiess-Hegglin is escalating. Last week, the Zug Cantonal Court had banned Binswanger from writing about things that could violate Spiess-Hegglin’s personal rights. Thus, the court had responded to a request by Spiess-Hegglin, who feared that Binswanger might publish defamatory factual claims or further speculation about events in the 2014 Zug Landammann celebration in a planned book.
Years of legal investigations and disputes.
At the Landammann celebration there was sexual contact between then SVP cantonal council member Markus Hürlimann and Spiess-Hegglin, K.O.-Tropfen was discussed, the Zug prosecution launched an investigation against two SVP politicians. The case that “Blick” had released with the names of those involved kept the public busy for months. Legally, however, it has been closed for years and all proceedings have ended. Neither Hürlimann nor Spiess-Hegglin have been guilty of anything criminal.
Spiess-Hegglin now feared, based on Binswanger’s requests in his environment, that he was planning a “revenge item,” as he said; the provisional order was to protect them from the fact that Binswanger’s old suspicions and hurtful conjectures would reopen in the media. Spiess-Hegglin says she finally wants peace for her and her family on the subject. Meanwhile, Tamedia, the editor of the “Tagesanzeiger”, has announced that he intends to take action against the super provisional decision of the Zug cantonal court.
Tweet by the author of “Tagesanzeiger” Binswanger makes the conflict escalate
After this newspaper went public with the debate on the book project, Binswanger, however, strongly attacked Spiess-Hegglin. Spiess-Hegglin exercised great public opinion, writing on the short message service Twitter: “For 5.5 years he has been proactively deciding to speak publicly about the case and accuse an innocent person of rape.”
Spiess-Hegglin has responded to this tweet with a criminal complaint. The accusation that you accuse an innocent person of rape is hurtful and complies with the facts of slander and defamation. Binswanger must be punished accordingly.
In fact, Binswanger has ventured far with his tweet. The public prosecutor’s office in Zug has already examined in detail whether Spiess-Hegglin had made false allegations. In August 2015, he concluded that this was “never at any time” and legally terminated a lawsuit against Spiess-Hegglin initiated by Markus Hürlimann in May 2018. On June 18, 2019, the Zurich High Court sentenced then-journalist “Weltwoche” Philipp Gut, who, like Binswanger, had claimed that Spiess-Hegglin lied and accused Hürlimann of having done wrong as planned or made a mistake. This judgment is also final.
Spiess-Hegglin has also taken several legal actions against statements on social media that are similar to those of Binswanger. There were numerous convictions.
In his criminal complaint, Spiess-Hegglin takes the position that Binswanger made his complaint with the intention of insulting her. After all, the journalist commented on the trial of Philipp Gut in an online video article. Therefore, he acted in the knowledge of the result and against better knowledge, to expose Spiess-Hegglin “to a disgrace, presumably to cling to his own thesis, which he wants to exploit in journalism”, as they say.
“Some media professionals have shown greatness in recent years and have apologized for their false and hurtful reports. Others at least remained silent, ”says Spiess-Hegglin of the reasons that led them to file a complaint. “And then there is Ms. Binswanger, who is so bogged down in her theory and also cannot be taught that I now have no choice but to file a complaint.”
“Tagesanzeiger” journalist Binswanger has more than 22,000 followers on Twitter. The Basel prosecutor will now have to clarify how his tweet can be legally recognized. The presumption of innocence applies to Binswanger.