Defendant André Kemmer expresses disappointment in second delay to spy service trial

Last week, Luxembourg's courts confirmed that the trial, due to start over eight days on Tuesday, has been delayed for a second time. Former prime minister Jean-Claude Juncker is undergoing an aneurysm surgery, and would have been unable to attend the trial. As the prime minister at the time that the events unfolded - and having had to resign due to the scandal - Juncker is considered a key witness to the events.

Former secret service operatives André Kemmer and Fränk Schneider are two of the defendants, alongside the former chief of operations of the Luxembourg state intelligence service (SREL). Both Kemmer and Schneider expressed their disappointment and described it as a shame that the trial is being delayed again, after having been subject to a first delay in 2017. Kemmer told RTL that his reaction was a combination of disappointment and bitterness. He added that he, just like many others, continues to have questions surrounding the entire affair.

From Kemmer's perspective, there is no 'SREL affair'; instead, this entire affair has been fabricated by politicians. Kemmer went as far as to describe the entire incident as a 'coup d'etat', justifying his point by saying people should finally be brave enough to describe it as such. In Kemmer's point of view, the entire incident had the purpose of pushing Juncker from power, by using secret service information from 2009, which resurfaced in 2012. He concluded that having the trial delayed again is simply a disappointment, given the fact that the matter requires closure.

Schneider separately expressed his disappointment, adding that he doubts whether the trial will ever take place. Justifying his cynicism, he said this would be a shame as the trial is fundamentally an opportunity for the defendants to present their defence, which he expects to lead to their acquittal. The second shame to the continued delay of the trial is its place in the public sphere: the trial will be a public one and inform the public what exactly happened. He added that it is crucial for citizens to know what happened, given the fact it ultimately lead to the downfall of the Juncker government.

Closure to the scandal

The trial concerns the wiretapping of electronics expert Loris Mariotto's phone. Namely, Mariotto purpoted to have an encrypted CD recording of Grand Duke Henri and then Minister of State Jean-Claude Juncker, in which the Grand Duke and Juncker discuss the Bommeleeër affair. The CD was dubbed 'Frisbee' within the state intelligence service and the defendants have been accused of data protection in recording several phone calls and conversations in attempts to discern the content of the conversation.

Both Kemmer and Schneider told RTL's Eric Ewald that they want the trial to take place in order to explain their perspective of the events, which unfolded in 2006 and 2007. Kemmer stressed that the illegal wiretapping of Mariotto was investigated within the SREL, despite the affair being presented as only subject to a judicial investigation. He added that they had received the encrypted CD and then undertook an investigation, which allowed them to take technical measures, including wiretapping.

Kemmer maintains that the recording was authorised, a point backed up by Schneider. Both defendants believe it is important for Juncker to testify, in order to prove that his version of events does not stray from theirs. Alluding to the political dimension, Schneider also believes that a trial will reveal contradictory statements made by then-opposition politicians, who jumped on a recorded conversation between Marco Mille and Juncker and ultimately used this as an opportunity to launch a coup d'etat in 2012.

Den Ex-Geheimdéngschtmataarbechter Fränk Schneider / © Eric Ewald (Radio)