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Sprayer maintains silence in court

A 24-year-old man from Zurich was fined CHF400 and ordered to pay half the court costs after he was convicted of spraying graffiti on SBB carriages at Zug Station in 2007. 
 
In accordance with a code of honour among graffiti sprayers, the man refused to answer any questions in court and only spoke to confirm his name, his address and his occupation as a third-year student.
 
It was alleged that as a 19-year-old, the man had, along with several accomplices, sprayed the railway coaches with several words. Then in 2008, it was alleged that the man, again along with other accomplices, sprayed more on another SBB carriage, causing damage to the extent of CHF11,360. A few days later police found two spray cans and a pair of latex gloves in an allotment near the station. It was in the gloves that DNA traces of the accused were found.
 
The defendant's lawyer pointed out that the DNA traces were not conclusive and added that, as a result of other legal shortcomings in relation to the prosecution's preparation, the case against his client should be dropped. However, the prosecution said there was little doubt that the accused was guilty bearing in mind the spray cans found so close to the scene of the crime were also of the same colour as the graffiti sprayed.
 
As the judge could not be absolutely certain that the defendant was the perpetrator in one instance, he found the defendant not guilty on one account but partially guilty in relation to other graffiti and imposed an unconditional fine of CHF400 on him. This would increase to CHF800 if he were caught again. Furthermore he was ordered to pay half the court costs amounting to a minimum of CHF2,000 and a maximum CHF2,500.
 
Judgement in the case is not yet final.
 


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