The judge turned out to be an experienced mountaineer.
A court in Innsbruck, Austria, found 37-year-old mountaineer Thomas Plamberger guilty of involuntary manslaughter and sentenced him to five months of probation and a fine of 9,400 euros. The classification of the act as manslaughter by negligence has sparked controversy.
Failed Ascent
The high-profile trial was initiated after, in January 2025, climber Thomas and his girlfriend, 33-year-old Kerstin G., attempted to ascend Austria's highest mountain, Grossglockner (3,798 m), via the most difficult route.
At night, less than 50 meters from the summit, the woman was unable to continue the ascent. The wind speed at that time was 74 km/h, and the temperature dropped to –8 °C.
Thomas left Kerstin to call for help.
Upon reaching the nearest hut, Thomas found no one. Only then did he call the rescuers. The helicopter could not take off in the blizzard. The rescue team set out on foot and found Kerstin dead from hypothermia by 10 a.m.
Thomas's Defense Thomas, a chef from Salzburg, pleaded not guilty. He told the court that he "deeply regrets" the death of his girlfriend. His lawyer described the woman's death as a "tragic accident."
He rejected the suggestion that his client was a more experienced climber and therefore the "actual" leader. He had no mountaineering qualifications, and his knowledge came from videos and other sources. The couple acted "on equal terms."
Kerstin was described as a person in excellent physical health with a strong will. Previously, she had completed other "difficult ascents" with Thomas, including the south face of Dachstein (Steinerweg) and the east face of Watzmann (Salzburgerweg).
The climber could not explain why he did not wrap his girlfriend in the emergency blanket she was carrying or place her in a sleeping bag. When her body was later found, these items were discovered in her backpack.
Prosecutor Johann Frischmann accused the defendant of failing to fulfill his "actual" role as the group leader, as he was the more experienced climber. Thomas's fatal mistakes also included failing to recognize that Kerstin was wearing unsuitable footwear for the terrain, ignoring the weather conditions for that time of year, and his unwillingness to turn back earlier given the weather conditions.
After the helicopter was dispatched to monitor the couple due to concerns for their safety, Thomas received a call from a police officer. But the climber told him, "We don’t need anything… everything is fine." The conversation suddenly ended.
The officer attempted to call him two more times to check if the couple needed help. He sent text messages. But he received no response. Later, conditions became too dangerous for the helicopter to attempt a rescue operation.
According to the prosecutors, the defendant failed to call emergency services in time and reacted too late to rescue attempts.
This is a Precedent
The one-day court hearing attracted worldwide attention from the climbing community. It has become an extremely rare case of prosecution in an incident during a climb.
Experts say this decision sets a precedent. It may influence international standards of liability in mountain sports.
Thomas Has Already Abandoned His Girlfriend Once During a Climb
There is a nuance. The mountaineer's ex-girlfriend, called as a witness, testified that in 2023 she also climbed the same mountain, Grossglockner, with Thomas. She recounted that he abandoned her on the route at night when her headlamp's battery died, leaving her in despair. But this happened lower on the slope, and she had better equipment, so she survived.
This topic has been actively discussed on social media. For example:
"In discussions within the climbing community, people have split into two factions.
One believes that the guy just wanted to try to kill someone and see if he would face consequences for it, and since it didn’t work the first time, he learned from his mistakes — leaving the second girl almost at the top of the mountain, organizing the ascent later in the day, so they started descending almost at night, not leaving her an emergency blanket, and so on.
The other faction says, 'I would also think this was premeditated murder if I hadn’t encountered thousands of idiots in the mountains and if this weren’t standard male behavior when a girl in a hike goes slower. This happens so often that it has a name: “Alpine Divorce.”'"
Similar stories are recalled, although without fatal outcomes.
Judge: Manslaughter by Negligence
Presiding Judge Norbert Hofer, an experienced mountaineer actively working as a rescuer in the mountains and by helicopter, ruled that the defendant acted negligently by failing to recognize that Kerstin would not be able to complete the ascent long before the couple encountered difficulties.
The judge questioned Thomas about why he decided to leave Kerstin just below the summit. Thomas replied that at that moment he was suffering from hypothermia and exhaustion, indicating a deterioration in his ability to assess the situation. He claimed he tied his girlfriend to a rock with a loop and allegedly intended to lie down next to her, but she shouted at him, "Get out of here now, go!" He said that in doing so, she saved his life.
The judge stated that he found it "hard to believe" this version of events.
In a statement, the court explained its verdict by noting that Thomas P.'s previous impeccable reputation and the loss of a loved one are "mitigating circumstances."
The verdict is not yet legally binding. The defendant may appeal.
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