The trial showed that both the author of the report and the former CEO of RTL do not share this perspective.
A surprising turn of events during the trial’s final day occurred when former RTL journalist Sophie Schram unexpectedly took the stand. Previously absent from the proceedings, Schram’s lawyer had cited her emotional state as a reason for her non-participation. However, Schram herself attributed her absence to professional training.
Schram told the judges about Lunghi’s assault during an on-camera interview in September 2016: “Not only did he hurt me physically, but psychologically it was a big shock as well.”
The trial predominantly centres on a report by the accused ex-RTL journalist, Marc Thoma, which includes footage of the aforementioned incident. Schram distanced herself from any involvement in the editing or text of the report and stressed that the bandage seen in a report was a result of the attack and had been applied by a doctor.
“Ms Schram has forgotten that she saw a second doctor afterwards,” Lunghi’s lawyer noted. In contrast, the latter would have asserted that the bandage was not needed. Schram accused individuals of being untruthful in court, claiming that her colleagues were aware of Lunghi’s assault and her arm pain shortly after. However, the judge noted that not a single person questioned by the police had testified to this.
The defence lawyers presented their cases, following Schram’s testimony. Marc Thoma’s lawyer argued that his client had presented factual information rather than expressing a personal opinion. The lawyer for ex-RTL CEO Alain Berwick contended that his client played no role in the report’s production.
Criticism was also directed at the questioning of Sophie Schram’s medical certificate, which was perceived as encouraging conspiracy theories. Berwick expressed general frustration with the press, claiming they had shown little interest in Sophie Schram after the incident.
However, three of the lawyers also questioned Lunghi’s medical certificate, which he obtained in the wake of the entire incident. In addition to allegations of slander and defamation, there is also the accusation of unintentional bodily harm inflicted on Lunghi due to mental health issues. The other lawyers argued that claims for damages are not justified in this case, contending that Lunghi voluntarily resigned from his position.
The lawyer representing former RTL Head of Programming Steve Schmit clarified his client’s lack of influence over the broadcast of the report on 3 October 2016, as part of the Den Nol op de Kapp programme. According to the lawyer, this decision was taken by Schmit’s superior, Alain Berwick, who would have taken the lead, essentially sidelining Schmit. “When you are the CEO of a company, you cannot - when things get dicey - say you have nothing to do with the matter,” Schmit’s lawyer argued.
The verdict for this case will be handed down on 14 December.
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In October 2016, RTL journalist Sophie Schram interviewed the then director of the Grand Duke Jean Museum of Modern Art (MUDAM), Enrico Lunghi, for the programme Den Nol op de Kapp. When Schram asked Lunghi why he refused to exhibit paintings by a certain Luxembourgish artist, the director lost his cool. The footage broadcast on TV showed Lunghi pacing back and forth before grabbing Schram by the wrist in which she held her microphone and declaring “Seriously, if you broadcast this, I will never talk to you again.”
However, it was later revealed that the footage had been edited in a questionable manner. The edited version omitted both the fact that Schram had repeatedly asked the same question and that the interview actually continued for several minutes after the incident. The original footage, which was eventually made public, even showed that Lunghi had apologised for his behaviour. It also revealed that Lunghi and Schram were not strangers but had known each other for a long time.
The affair had significant fallout, leading to the resignation of Enrico Lunghi as MUDAM director and Alain Berwick as director general of RTL. Berwick as well as the then head-of-programming Steve Schmit, the creator of the original report, Marc Thoma, and Schram have been sued for slander, defamation, and involuntary bodily injury in the form of “mental health problems” by Lunghi.
Full report by RTL Télé (in Luxembourgish)
