Thomas received a five-month suspended prison sentence and a 9,600 euro fine following his conviction on 19/2.

The court noted Thomas's clean record and the loss of his partner as mitigating factors in the sentencing.

Thomas's girlfriend, Kerstin Gurtner, 33, died of hypothermia during an ascent of the 3,760-meter Grossglockner peak on 19/1/2025.

Prosecutors reported strong winds reaching 74 km/h and extremely cold temperatures on the mountain. The actual temperature was -8°C, with a wind chill factor making it feel like -20°C.

Kerstin, who began mountain climbing only in 2024, embarked on the trip with her boyfriend without specialized climbing boots, carrying only water and a small amount of gummy candies.

Prosecutors argued that Thomas, with his extensive climbing experience, bore responsibility as the guide for the expedition. They accused him of failing to turn back or call for assistance in time to save his girlfriend.

According to the prosecution, Thomas should not have allowed the situation to escalate to this point.

Thomas pleaded not guilty. In court, he expressed his apology and love for his girlfriend, stating they had planned the trip together.

Thomas's lawyer and Kerstin's parents asserted that she was not inexperienced and understood the risks involved.

Thomas Plamberger (right) and Kerstin Gurtner. *Photo: Facebook*.

Prosecutors alleged that when the couple became stranded on the mountain, Thomas neither contacted the police nor sent any distress signals, even as a police helicopter flew overhead around 10:30 p.m. Video from the helicopter showed the couple still ascending.

The defense argued that at that time, the couple still felt fine and did not call for help because they were nearing the summit. However, the situation changed abruptly soon after, with Kerstin becoming exhausted approximately 50 meters from the peak. The defense stated she told Thomas to find help.

Webcam video shows the couple still climbing at 9 p.m. on 18/1. *Photo: foto-webcam*.

At 12:35 a.m. on 19/1/2025, Thomas called the mountain police. The content of this conversation became a point of contention. Rescue forces stated it was not an emergency call and did not initiate a search because Thomas did not explicitly convey a need for help. Thomas, however, denied telling police everything was fine. He stated he did not answer subsequent calls from the police because his phone was in airplane mode to conserve battery life.

Thomas ascended to the summit and descended the other side, leaving Kerstin behind, claiming he was going to find assistance. Prosecutors stated he abandoned his girlfriend at 2 a.m. in a dangerous situation, failing to wrap her in an emergency thermal blanket or a camping sleeping bag.

While testifying in court, Andrea B, Thomas's former girlfriend, described an incident where he abandoned her during a Grossglockner climb in 2023. She recalled feeling exhausted and dizzy, with her headlamp failing. She stated she cried and screamed when he suddenly disappeared, moving ahead and leaving her behind.

Thomas was seen descending the mountain around 3 a.m. in a webcam video. *Photo: foto-webcam*.

Judge Norbert Hofer, an experienced climber who works with rescue teams in the Tyrol region, stated that Thomas was an excellent climber, but Kerstin's climbing ability was far inferior to his. The couple should have turned back given Kerstin's insufficient experience for winter climbing conditions.

While acknowledging Thomas misjudged the situation, the judge stated he did not intentionally abandon his girlfriend and genuinely sought help. However, the judge concluded that Kerstin could have survived if Thomas had acted differently.

Approximately 8,400 accidents occur annually in Austria's mountains, resulting in nearly 300 fatalities. However, these incidents rarely lead to criminal prosecution.

Thomas's case garnered significant attention and debate, not only in Austria but also within the global climbing community, raising questions about when personal judgment and risky behavior cross the line into criminal responsibility.