The trial against Fadi M., 40, is coming to an end. This Wednesday is likely to be the last day of evidence – unless something unforeseen happens.

Judge Regina Holstein asked the defendant again why he believed that a 16-year-old girl – whom he is accused of raping – had a relationship with him. He put this forward in his defense.

Fadi M. says it started in the “Bastenhaus”, a former hotel in the town of Tegernsee, located directly on the shore of Lake Tegernsee. He is a rejected asylum seeker from Jordan, his alleged victim Dina T. is the daughter of Kurdish asylum seekers from Iran. Both lived next door to each other in the “Bastenhaus”. It started with the first kisses, M. said in court. That became more. “There was already a sexual relationship.”

The judge wants to know how long it lasted. “Before I was imprisoned, six or seven months,” Fadi M. answers. Did others find out or did the relationship remain secret? “It was secret.” And what kind of relationship was it? “We kissed each other, even with our mouths.”

The door to the audience area opens. Dina T. comes in and sits down. She is a co-plaintiff; her testimony has long since been completed.

The judge asks: “You satisfy yourself with your mouth? You satisfy your penis with your mouth?”

“And.”

“Did you climax?”

“And.”

“And the other way around: Did you suck, lick or suck on the vagina…” – the judge takes a breath – “?”

“No.”

Next, Judge Holstein asked how often and where there had been sexual encounters in the six or seven months of the alleged relationship. There had been four or five, once in a park in Rottach, otherwise always in Tegernsee. Always for about ten minutes, always outdoors. Dina T. had come to him, “we had arranged to meet.”

“Now we have seen injuries on the young woman. Can you say anything about that?”

“No injuries, for sure. But there’s a red spot. Your skin is sensitive.”

Then he talks for a long time without pausing. The interpreter can hardly keep up. He can be heard saying: He held her. She had her phone in her hand. He wanted to take it away from her.

“Why?” asks the judge.

“It was a game.”

“And how did the red spot on your neck come about?”

“I kissed her.”

“Do your kisses always leave such marks?”

“I don’t know.” He actually wanted to kiss her cleavage. But she didn’t want that. Not on her neck either.

Judge Holstein continues: “Then why did you do it?”

Fadi M. starts talking in Arabic. Interpreter Talib Al-Sultan translates: “Because I’m a donkey.” M. protests. The interpreter translated incorrectly. The interpreter disagrees. Then assessor Benjamin Kertai from the bench intervenes. He said he heard M. say “himar.” Did he say “himar”? M. nods. That clears it up: The word “himar” means donkey. It is a surprise that the assessor understands Arabic.

Then it’s the examiners’ turn.

An IT forensic expert analyzed the cell phones of Fadi M. and Dina T. He found data typical of young women. She had over 800 chat contacts, liked to flirt, and talked a lot about fashion, make-up and similar things.

Then he shows a PowerPoint slide on which all contacts across all platforms, social networks and phones are marked as dots. Dina T.’s point cloud is very large, Fadi M.’s is very small. But something else is crucial: “There was no direct connection between Fadi’s accounts and Dina’s accounts,” says the expert. The two never chatted or spoke on the phone with each other.

The forensic expert then testified that Fadi M. probably had a little over 0.7 per mille of alcohol in his blood when he was arrested; this was shown by a blood sample and a calculation back in time. In addition, cannabis degradation products were found, so much so that he could be described as a “heavy user”.

In addition, traces of Tilidine were found in his blood. A relative is said to have given it to him for pain. Tilidine is a strong opiate that is popular in male migrant circles. The expert says she does not see any diminished criminal responsibility.

According to the expert, the mark on Dina T.’s neck was the most obvious injury. It looked “like a normal hickey”. This fits with the statements “that he kissed, sucked and also bit”. She found no injuries on her lower body, nor any strangulation marks on her neck or other signs of strangulation.

With that, Judge Holstein ends the evidence. She announces that the next time there will be closing arguments and a verdict. “Does anyone have a different opinion? Is there anything left?” she asks the parties and looks around. Fadi M. speaks up. His public defender Susanne Simmerding explains: “My client wants to say something about the cell phone.”

Specifically, about Dina T.’s old cell phone, which no longer exists because he is said to have thrown it into the water on the lake shore during the alleged rape. What M. wants to say about this is initially lost in a debate between him and the interpreter in Arabic.

Lawyer Simmerding explains: “He told me that his wife saw Dina playing with her old cell phone on the balcony.” Dina T. and Fadi M.’s wife both still live in the “Bastenhaus” in Tegernsee.

Then he demands that another witness be questioned. There is a statement from him that he made to the police. Judge Holstein reads from the file: “We are neighbors in the ‘Bastenhaus’. I cannot give any information.”

She then closes the taking of evidence. The closing argument and verdict are to follow on July 1st.