“Spitting” case judge resigns

Martin Schubarth has annouced his resignation, eight months after the spitting incident Keystone

Switzerland’s longest-serving Federal Court judge, who has been accused of spitting on a journalist, has resigned.

In a letter addressed to the speaker of parliament, Martin Schubarth asked to be allowed to step down on 30 June, 2004.

Schubarth, confirming reports in the Sunday press, said after 20 years of court service, he had no appetite left for the job.

He stated that his resignation did not have anything to do with an inquiry into the spitting incident, which is due to make its findings public on Monday. He said that it was a decision that he had made freely.

The investigation has been examining Swiss media reports that Schubarth spat on a journalist from the German-language daily “Neue Zürcher Zeitung” (NZZ) as well as a court typist on February 11 this year.

Schubarth has denied the allegation, saying he fell victim to a “coughing fit” and that he apologised on the same day.

However, nine days later, Federal Court judges took the unprecedented step of condemning the incident – alleged to have taken place in the entry hall of the Lausanne-based court – and calling for his resignation.

But until Sunday, the 61-year-old federal judge had refused to step down.

Controversial

Schubarth has been no stranger to controversy in his long career.

He was elected to the Federal Court – Switzerland’s highest court – by the Swiss parliament in 1982, with the backing of the centre-left Social Democrats.

At the time, the Basel-based legal academic was criticised for supporting the anti-atomic energy movement.

His political activities have included membership of the Social Democrats, a relationship he broke off at the end of last year.

Before his re-election to the court late last year, criticism of Schubarth was investigated by a parliamentary commission, which found no evidence of any professional misconduct.

At his re-election in 1990, Schubarth was forced to go to a second round of voting before being approved by both houses of the Swiss parliament.

He rose to the post of court vice-president from 1997-98 and president between 1999-2000.

The Federal Court has 41 judges who are elected by the Swiss parliament.

swissinfo with agencies

In brief

Martin Schubarth, a Federal Judge accused of spitting on a journalist, has resigned.

Schubarth has asked to be allowed to step down on June 30, 2004.

He was accused of spitting on a journalist from the German-language daily “Neue Zürcher Zeitung” (NZZ) and a court typist on February 11 this year.

An inquiry into the spitting incident is due to make its findings public on Monday.