Insanity plea will protect Fritzl from justice 'lottery', says lawyer

THE LAWYER of Austrian man Josef Fritzl, who imprisoned his daughter for 24 years, is planning an insanity plea to spare his client the "lottery" of Austrian justice.

Dr Rudolf Mayer, one of Austrian's most famous criminal lawyers, attacked police and media excesses of the last week and said he was planning a full psychological examination of Fritzl.

"Someone who did what he did would have to be psychologically sick," Dr Mayer told The Irish Times. "The question of sanity - and whether he can be held accountable for his actions - will be central to the trial."

If Fritzl is found incapable of standing trial, he would be formally acquitted and then admitted to a secure psychiatric facility. ritzl's double life was exposed by a decision to allow his daughter Elisabeth Fritzl (42) to visit her critically ill eldest daughter,Kerstin (19) in a nearby clinic.

He had imprisoned and raped Elisabeth for more than 24 years, fathering seven children with her.esterday the clinic said that Kerstin's chances of survival were "extremely low". "The young woman is in a critical condition," said a clinic spokeswoman. "She is suffering from multiple organ failure."

Elisabeth Fritzl is living with her five other children in a closely guarded apartment on the clinic grounds. ith members of the paparazzi camped outside the clinic, Amstetten authorities are under pressure to protect the family by moving them to a secret location.

Meanwhile, Austrian prosecutors say a newly discovered file on Fritzl, reportedly detailing an alleged 1967 rape conviction, will "naturally have a relevance for the current case".

Fritzl's defence lawyer disputed that claim, pointing out that such charges are struck from criminal records after 15 years, in line with Austrian law. After that time, they can neither be considered by courts nor mentioned by police and prosecutors.

"If this was the Anglo-Saxon legal system, my client could win a huge compensation claim against the police for everything they've told the media," he said.

Dr Mayer said he did not see the Fritzl case as open-and-shut, but rather an example of the "lottery of trial by jury in Austria,where there is no chance of fairness for the accused".