An Austrian climber, Thomas Plamberger, 39, has been found guilty of manslaughter after his girlfriend, Kerstin Gurtner, 33, died of hypothermia near the summit of the 12,460ft Grossglockner mountain in January of the previous year. Plamberger received a five-month suspended prison sentence for three years and a fine of €9,600 (£8,400) from the court in Innsbruck. The case has drawn significant attention due to the rarity of prosecutions following climbing accidents in inherently dangerous environments.

The incident occurred as the couple attempted to summit Grossglockner, Austria's highest peak. As temperatures plunged to -20C, Kerstin Gurtner became exhausted, hypothermic, and disoriented just 150ft (approximately 50 meters) below the summit. Plamberger was accused of leaving her unprotected and exposed to strong winds, without utilizing emergency equipment like a bivouac sack or aluminium rescue blanket, while he went to fetch help. He later claimed his girlfriend, in distress, urged him to 'Go, now go!', which he believed saved his life.

During the trial, which involved 15 witnesses and two expert witnesses, Plamberger expressed deep sorrow, stating he was 'incredibly sorry' and had 'loved' his girlfriend. He maintained that they always planned their tours together and that Gurtner was almost as knowledgeable and skilled in mountain climbing as he was, despite his greater tour experience. He also emphasized his lack of formal alpine training, asserting he couldn't have acted as a mountain guide.

However, the prosecution presented a case highlighting Plamberger's gross negligence. They argued that as the more experienced climber, Plamberger was the 'responsible guide for the tour' and should have turned back earlier, given the harsh conditions, wind speeds up to 46 mph, and the critical decline in Gurtner's condition. They also pointed out that the couple was poorly equipped, with Gurtner wearing snowboard soft boots instead of proper hiking footwear. Crucially, Plamberger failed to call for help despite realizing the situation was critical, allegedly putting his phone on silent and not giving distress signals when a police helicopter flew overhead.

Evidence presented included webcam images showing the glow of the couple's two headtorches slowly nearing the summit around 6 pm, then, hours later, only one light descending. Plamberger was seen allegedly pushing on alone to the other side of Grossglockner around 2:30 am. The mountain rescue team could not reach Gurtner until the following day due to hurricane-force winds. Her body was found hanging freely, upside down from the rock face, inconsistent with Plamberger's claim that he had secured her to prevent her from falling. Rescuers noted that if the wind had been any stronger, 'she would have fallen over the south face'.

Witness testimonies further complicated Plamberger's defense. Gurtner's parents confirmed their daughter had been 'really active' in mountaineering since 2020, but her mother added that Gurtner would not have 'gone along blindly'. An ex-girlfriend, Andrea B, testified about a similar incident in 2023 on the Grossglockner where Plamberger left her alone after an argument, despite her being exhausted and disoriented. Forensic pathologist Claudia Wöss confirmed hypothermia as the cause of death, noting evidence of viral pneumonia and ibuprofen in Gurtner's body, though unable to assess if it impaired her capacity.

Presiding Judge Norbert Hofer, an experienced mountaineer himself, stated that Plamberger should have realized Gurtner's inability to complete the climb much earlier. He acknowledged that Plamberger did go to fetch help, saying, 'I don't see you as a murderer, I don't see you as cold-hearted,' but emphasized that Plamberger's abilities were 'galaxies away' from Gurtner's, and she had placed herself in his care. The judge highlighted Plamberger's failure to turn back and his misjudgment of the situation.

The verdict has ignited debate within mountain climbing communities about the extent of legal liability in such hazardous environments, where climbers typically explore at their own risk. The case remains subject to appeal.