The public prosecutor appealed the verdict, due to the openly xenophobic character of the incident. W. also appealed and was granted a court-appointed defence counsel.
At the appeal hearing at the regional court in Dresden on 1 July 2009 W. attacked El-Sherbini after her witness with a 18 cm long kitchen knife. No security personnel were present in the court room.
During the trial W. said, that Muslims were monsters to him and asked the court why they were not deported after the 9-11-attacks. German people should not mingle with foreigners, stated W. and declared that he would vote for the far right National Democratic Party of Germany. After W's defence presentation, El-Sherbini testified to the court and tried to leave the court room after W. went on in hurling insults at El-Sherbini. When she, her husband, and their three-year-old son were at the door, W. suddenly attacked El-Sherbini with the kitchen knife, which he apparently had taken into the courtroom in a backpack. El-Sherbini received more than 15 stab wounds to the upper body and arm. While trying to protect his wife, El-Sherbini's husband Okaz was stabbed at least 16 times to the head, neck, upper body and arm. Ws defence counsel tried to help El-Sherbini by throwing chairs and a table on W. A police officer, who was in the court building testifying in an unrelated case, was called to the scene by the immediate security alarm of the judge. However he mistook Okaz for the attacker and shot him in the lower leg. Okaz, critically wounded in the stabbing attack, was in a coma for two days. El-Sherbini died in the court building at 11:07, succumbing to her injuries.
Memorial for El-Sherbini
A commemorative plaque, unveiled on Thursday in the Dresden regional court, will in future remember the crime. "The plaque is a memorial to Marwa El-Sherbini and also a warning against xenophobia and Islamophobia," said Justice Minister Jürgen Martens (FDP) at the unveiling of the plaque. “At the same time it has to be a symbol of reconciliation between religions and cultures.”
At the memorial service Martens recalled the murder a year ago, wich “shocked us all in Dresden, Germany and all over the world. The act has thrown a dark shadow on the judiciary and on Germany. A year ago everyone had to recognize the deadly logic behind xenophobia,” said the Minister of Justice.
“The case is not forgotten,” said Dresden Mayor Helma Orosz (CDU). The city has to live with the murder of El-Sherbini. She called the inhabitants of Dresden to getting involved in society and for contributing to a democratic order. “It is not only necessary to provide further funding and initiate projects. The citizens must want to get along well," said the Mayor.
The Secretary General of the Islamic Community Milli Görüs, Oğuz Üçüncü, criticized the lack of an intensive refurbishment of the anti-Islamic murder and its background: “A refurbishment of the murder in all its facets is still outstanding. What has driven the offender to his hatred, wherefrom comes this hatred; all this has not been sufficiently discussed.” “The necessary socio-political debate in the context of everyday racism against Muslims is even after this murder absent”, said Üçüncü.
“As tragic as this incident is, as important it is now to analyze the mechanisms of Islamophobia and a new forms of racism in society. This is the only honest way to commemorate the death of Mrs. El-Sherbini and her unborn child”, Üçüncü stated.