An Austrian mountaineer has been found guilty of grossly negligent manslaughter following the death of his girlfriend, who froze to death during a climbing expedition on Austria’s highest peak last year.
The man, identified only as Thomas P under Austrian privacy laws, received a five-month suspended prison sentence and was ordered to pay a fine of €9,600 (£8,400).
HHis partner, Kerstin G, died from hypothermia while the couple was attempting to climb Grossglockner in January 2025.
In a statement provided to the BBC, the court said it had taken into account Thomas P’s lack of any previous criminal convictions, as well as the emotional impact of losing someone close to him, describing both as mitigating circumstances.
Judges also said they considered the intense reaction on social media following the incident, noting that the online discussion had been damaging to the defendant.
Court criticism of decision-making on the mountain
The presiding judge, Norbert Hofer, an experienced climber who also works with mountain and helicopter rescue teams in the Tyrol region, told the court that Thomas P was a highly skilled alpinist. However, he said Kerstin G’s abilities were vastly inferior to her partner’s.
Judge Hofer said the couple should have abandoned the climb earlier, particularly because Kerstin G did not have sufficient experience for winter conditions at that altitude.
Although the court concluded that Thomas P had made serious errors in judgement, the judge stressed that he did not believe the defendant had deliberately abandoned his girlfriend.
“I do not see you as a murderer, and I do not see you as heartless,” Judge Hofer said in court.
Evidence from a previous relationship
The court also heard testimony from Andrea B, a former partner of Thomas P. She described a previous climb on the Grossglockner in 2023 during which she said Thomas P had also left her behind.
Andrea B told the court she had been physically exhausted, disoriented, and distressed. Her headlamp had failed, and she said she was crying and shouting when Thomas P suddenly moved ahead and disappeared from view, leaving her alone on the mountain.
Doubts over how Kerstin G was left
Judge Hofer raised questions about Thomas P’s account of the moments when he left Kerstin G on the mountainside. Based on photographs taken by rescuers, the judge suggested she may have fallen.
The court was told that the mountain rescue team discovered Kerstin G’s body suspended upside down against a rock face. According to Austrian media reports, one rescuer testified that they were surprised she remained in that position.
“If the wind had been any stronger, she would have fallen over the south face,” the rescuer told the court.
Prosecutors said the conditions were extreme, with wind speeds reaching up to 74km/h (45mph). Temperatures were around -8C, but windchill meant it felt closer to -20C.
Prosecution arguments
The prosecution argued that Thomas P, as the more experienced climber, effectively acted as the guide for the expedition and therefore carried responsibility for their safety.
They said he failed to turn back when conditions deteriorated and did not seek help in time to save his girlfriend.
The prosecutor told the court that Thomas P should never have allowed the situation to escalate to such a dangerous point.
Defence response
Thomas P pleaded not guilty and expressed remorse during the trial. He told the court that he loved Kerstin G deeply and described her as highly athletic. He said the decision to climb the mountain had been made jointly.
His lawyer, Kurt Jelinek, argued that the couple had found themselves in an exceptionally stressful and dangerous situation.
He disputed claims that Kerstin G was inexperienced, saying she understood the risks involved. Her parents supported this view, telling the court she had been actively mountaineering since 2020.
Her mother said her daughter would not have “followed blindly” into a dangerous situation.
Medical findings
Forensic pathologist Claudia Wöss testified that Kerstin G died from hypothermia. She also told the court that traces of viral pneumonia and the painkiller ibuprofen were found in her body.
However, she said it was not possible to determine whether the illness had reduced Kerstin G’s physical capacity or contributed to a sudden deterioration in her condition.
Timeline and disputed emergency call
Prosecutors said the couple became stranded high on the mountain and that Thomas P failed to contact authorities or signal for help when a police helicopter flew over the area at approximately 22:30.
Video footage from the helicopter showed the couple still climbing, and the judge noted that no distress signals were visible.
The defence countered that at that stage both climbers still felt capable and believed they were close to reaching the summit, so did not consider calling for help.
Webcam footage showed the lights of their head torches as they continued their ascent.
According to the defence, the situation worsened dramatically shortly afterwards, when Kerstin G became severely exhausted near the summit. They said she urged Thomas P to go and get assistance.
At 00:35 on 19 January, Thomas P contacted the mountain police. The nature of that call remains disputed. Rescuers claimed it was not treated as an emergency, while his lawyer said Thomas P denies telling police that everything was fine.
Thomas P then continued to the summit and descended via the opposite side, leaving Kerstin G behind. Prosecutors said this occurred at around 02:00.
Webcam images later showed a single torch descending from the summit.
Wider impact
The trial attracted widespread attention, not only in Austria but among mountaineering communities internationally. It has sparked debate about where the line lies between personal risk-taking in extreme environments and criminal responsibility.
Thomas P has appealed against the guilty verdict, and the case remains ongoing.
