"Panther" in the cellar: suspended sentence for the owner of a World War II tank

The images of the search of a villa on the Kiel Fjord went around the world in 2015.

It took pioneers of the Bundeswehr nine hours to secure a nearly 40-ton WWII tank of the "Panther" type with salvage tanks.

This was followed by a six-year legal squabble.

On Tuesday, the Kiel district court sentenced the 84-year-old owner to one year and two months probation - for unauthorized possession of weapons, ammunition and explosives (file number: 7 Kls 13/17).

Four months thereof are deemed to have been served due to the illegal duration of the proceedings.

The defendant has to pay 250,000 euros.

By the end of August 2022, the pain and palliative care center of the Kiel University Hospital and the SOS Children's Villages will each receive 70,000 euros, a Kiel animal shelter 60,000 euros and the state treasury 50,000 euros by the end of the year.

The accused did not act with bad intent, but as a collector, said the presiding judge Stephan Worpenberg in the verdict.

He "did not run around and shoot".

The chamber assessed the high age, lack of criminal record and the confession as mitigating the penalty.

The finding of many weapons and ammunition in the defendant's property spoke against a less serious case.

Tank goes to the museum

The 84-year-old does not get his tank or weapons back.

The chamber, public prosecutor and defense reached an understanding before the verdict.

The defendant has to sell the tank and an anti-aircraft gun with a caliber of 8.8 centimeters to a suitable museum or collector within two years.

According to the defense, a museum from Seattle and a collector from North Rhine-Westphalia are interested in the tank.

The defendant has waived compensation, any compensation for pain and suffering and the return of weapons and ammunition.

During the search, in addition to tanks and flak, a torpedo, a mortar as well as machine and assault rifles, semi and fully automatic pistols and more than 1000 rounds of ammunition were found.

This caused damage to the house and tanks.

In his plea, defense attorney Gerald Goecke referred to the former financial broker's "previous impeccable lifestyle".

For years, criminal proceedings as the sword of Damocles hovered over him, and the investigations had economic consequences.

He spoke of an immense burden.

The military equipment in the property was "safe from access by unauthorized third parties".

The property served exclusively "military historical collection purposes".

The lawyer praised the fact that the chamber had disregarded the media support and based itself on the allegation.

He has no reason not to be happy about the outcome.

"I'm happy with it."

Possession of a weapon of war

In essence, it was about whether tanks and flak fall under the War Weapons Control Act and are therefore not allowed to be privately owned. On the basis of several reports, the chamber, unlike the public prosecutor's office, only considered the flak to be a weapon of war. According to the expert, the tank is no longer suitable for use in a military conflict, said Richter Worpenberg. It serves museum purposes. The 84-year-old was only convicted in the case of a machine gun barrel and two cartridges for possession of a war weapon.

As a result, the state treasury bears the cost of salvage and years of storage of the tank and other large equipment. Public prosecutor Thorsten Wolke assumes that the 50,000 euros awarded to the state treasury will be enough. "That will not have been more." The Bundeswehr was there in the summer of 2015 in administrative assistance. In his plea, he asked for a year and four months. "As a result, I am satisfied with the verdict."

Authorities discovered the gun collector in the course of an investigation into re-emerged Nazi art. A police officer reported how in May 2015 he could not believe his eyes during a search after the lights were turned on. Illuminated SS runes hung on the wall and there was a Wehrmacht tank in the cellar. The officer contacted the State Criminal Police Office and the public prosecutor's office. Weeks later, the spectacular search finally took place. The judgment can be appealed against within one week.