Interesting and sad story.
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I don’t know whether the rationale for prosecuting the boyfriend as the “responsible guide for the tour” is sound, but the article (if its facts are correct) point to ample errors in preparation and in judgement. Tragic.
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Upon further research, I found this article which provides more insights.
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Further details are available in this post trial report: Climber convicted of manslaughter after leaving girlfriend on Austria’s highest peak to get help | Austria | The Guardian
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And also here….Austrian climber found guilty after girlfriend froze to death on mountain - BBC News.
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Whilst nowhere near as extreme (1000m lower) - I had an experience which was quite an eye opener. Different scenario, but worth considering:
My partner INSISTED on descending from a perfectly good shelter/hut near a summit during questionable weather, far too late in the day. There was plenty of space for us to overnight there - this was built into the plan (if our combined speed were not up to it or conditions deteriorated - there was somewhere safe to stay warm, eat etc).
I’m not sure if it was fatigue or stress from summiting… but her mind defaulted to numerical calculations. Citing the price of our chalet PLUS the price of staying at the mountain hut (and how it was illogical to be paying for accommodation twice) - this is when I realised that her perception had narrowed somewhat, and she was no longer masking.
Leaving her to do it on her own would have been riskier than accompanying her. Due to her neurodivergence, I could see it were possible for her to simply decide to do it on her own. So I left with her, questioning my life - one chap saying “you’re going out in this?!”.
You don’t necessarily know how your partner (whether it’s a buddy or XYL) might behave in these situations until you’re faced with them. We had been to other summits and I’d not seen this behaviour before - but when it happens, I guess you have to decide on the best course of action. 
We managed to pop into one more hut/shelter on our way down - once again, people there were astonished that we were doing it in the dark. One chap asked me to contact him once we’d reached the car. I obliged… at 1am.
A line was crossed, and I wasn’t happy being put at risk. Needless to say, she became a YL after that.
Had something terrible happened, who would be responsible in either scenario?
1- Leaving her to descend alone (despite advising against it)?
2- Accompanying her because it was the lesser of two evils, despite being quite unhappy about it?
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