Andrej Babis scored his first historic goal. He is the first former prime minister in the history of the Czech Republic to appear in court as a defendant. He is responsible for supporting the subsidy fraud during the construction of the Chapi Hunizd farm. His appearance was based on the claim that his case was the result of political pressure.
On Monday morning, the chairman of ANO took three lawyers to the largest courtroom of the Prague City Court. the two talked. Michael Bartonczyk was the first to speak as lead counsel, followed by Eduardo Bruna. Co-defendant her Jana Nagyová (ex-Mayerová) is defended by her Josef Bartončík, a former colleague of Babiš and brother of Babiš’s principal attorney.
The appointed legal representatives spoke together for two hours. They built three main lines of defense around their client, who were supposed to refute the indictment of prosecutor Yaroslav Shaloty. They used strong arguments to do so. They repeated phrases like “absolute logical blunder”, “fundamental crack” and “flagrant error”.
According to them, it does not make sense for Sharokh to bring Babish to court for the second time. In their opinion, the former prime minister was also not supposed to sit on the docks because he was illegally handed over for prosecution. They argued that the law at the time did not include entitlement for the conduct Sarochi prosecuted.
Did Sarochi deny himself?
In August 2019, Yaroslav Shaloty actually stayed the prosecution of Andrei Babis, Yana Nagyova, and five others accused at the time. His conclusions from the law were reviewed by then chief prosecutor Pavel Zeman, at the end of which a decision was made to renew the charges against Babis and Nagyova. Zeman is clear that their case has not been properly clarified.
“At the time, prosecutor Sarochi made the correct decision to drop the prosecution, but by filing the indictment, he denied himself,” Babis’ attorney Michael Bartonczyk declared. But he didn’t mention something important. Since Zeman’s intervention, the evidence landscape has changed. A witness who wanted to change the original statement turned himself in to the police. This time they testified against Babis.
The testimony of one of Chapi Hunizd’s former managers, to which Seznam Zupravi drew attention, was conclusive. According to him, Babis was the main driving force behind the project, backed by his Aggrofeld holdings. At the same time, a subsidy of 50 million crowns was aimed at small and medium enterprises. A banker at British bank HSBC, who lent his 375 million crowns to the farm, spoke in a similar fashion.
Issued by the House of Commons under the Law
“My client should be exempt from the jurisdiction of law enforcement authorities and his criminal prosecution is unacceptable,” Bartonczyk continued. Babis appeared in court this year thanks to the fact that he was handed over to criminal investigators and prosecutors by the House of Commons in March. She made the decision at the request of the police, who really wanted Babis to indict him for acts other than those for which he was charged.
Additionally, the description of the crimes Babis had allegedly committed was based on the initial extradition request approved by the House of Representatives in September 2017. At that time, 11 people were indicted. From Bartončík’s point of view, the person responsible for ANO has no job as a defendant in court because he is on trial for conduct that the House of Representatives did not approve of prosecuting.
Babish arrives at court.His opponents organized the happening in front of the building Video: ČTK, Jakub Zzanek
However, Bartončík objected to the issue being resolved after May. At the time, the Supreme Court was processing his identical petition. He acknowledged that the description of conduct in the attorney’s decision differed from the indictment, and that the Chamber decided according to old demands. But for the rest, he refused to submit Bartoncheek. Justice Jan Šott did the same at the opening of the referee on Monday.
“The House’s decision was preceded by a lengthy debate of the House members present, from which criminal files were provided by prosecutors for study and House members had the opportunity to familiarize themselves with the state. The Supreme Court said there was “no doubt” about the legality of the matter.
Blackmailed Babis for a second crime
“In the case of my client, his actions were not criminal under the laws of the time, so they would violate the retroactive principle. He could have committed a crime that did not exist in the legal system at the time. No,” Babis’ attorney Eduardo Bruna declared. According to the indictment, Babis committed the crimes between October 2007 and February 2008. At that time, he was to give orders that Chapi Hunizd should not be considered part of Aggrofeld.
Bruna complied with Judge Shotta’s warning, according to which during the trial Babis could also be found responsible for helping to undermine the financial interests of the European Union. The Criminal Code did not recognize the above qualifications. He finally became part of it in his 2010. But that’s only half the picture.
Already in good time the entitlement to prejudice the economic interests of the European Community was essentially the same and part of the criminal law. They differ only in how strictly they approach such crimes. He was originally sentenced to up to 12 years in prison, but according to new rules he could be sentenced to up to 10 years in prison.
According to Bruna, there is another reason to prosecute Babis for helping to undermine the financial interests of the European Union. He must have submitted a false grant application himself. And the person responsible for ANO did not participate in this process. However, some of the eligibility is also the use of fraudulently obtained subsidies. And subsidies fell on the construction of sparrow nests.
small business dispute
In response, Yana Nagyova, who has been charged with subsidy fraud and harming the financial interests of the European Union, pointed out the weaknesses of the prosecution in her presentation. He will be the subject of the most bitter controversy in this trial. The question is whether Farma Čapí hnízdo is considered a small business. The indictment alleges that she was not alone, thanks to her connection to Aggrofelt.
“We ensured that the shareholders were natural persons, not entrepreneurs, and that the company was not financially linked to another company,” Nagyová said. It was she who submitted her Sparrow’s Nest grant application in February 2008. At the time, the majority of the company was owned by Babish’s brother-in-law, Martín Herodes, with the remainder owned by his wife Monica and her two children. Sarochi also deduces a connection to Aggrofelt from this.
.@Andrej Babis After 32 minutes, he finished his opening statement in the Eagle’s Nest case. He concluded his speech by declaring that he would not answer court questions. If he does not accept the final word at the end of the trial, this will effectively end. @Aktualnecz pic.twitter.com/d9hfBKo1Q0
— Jan Horák (@Ian_Horak) September 12, 2022
At that time, the issue of SMEs related to European subsidies was a relatively new issue and a uniform interpretation was forming. In addition, Nagyova drew attention to the fact that the police themselves resolved this issue only late in the investigation.
“I don’t understand why they want me. What the police and the public prosecutor’s office have been arguing about for the past five years, and what I should know about the 34,766 criminal files they have collected.” was,” said Nagyová. , according to who, Chapi was a nest of conditions met by small businesses.
The main makeup continues until the weekend. Babisch’s wife Monica, an economics expert, and Jaroslav Faltynek, a former head of the ANO, are also due to appear as witnesses. Prosecutor Thurrock stayed his prosecution in the spring of 2018.
Elapsed time of the stork’s nest
November 2021 marks six years since the first allegation of possible subsidy fraud in the construction of Chapi Hunizd Farm.
- On November 24, 2015, an anonymous author filed a criminal complaint with the High Public Prosecutor’s Office in Prague against an unknown perpetrator on suspicion of a criminal organization in the Capího hnízd case.
- On December 29, 2015, the Prague police announced that they had opened an investigation into alleged subsidy fraud and harm to the financial interests of the EU.
- On 10 August 2017, the House of Commons received an extradition request for criminal prosecution of Andrej Babiš and ANO representative and former Agrofert manager Jaroslav Faltýnek, who were handed over to the police on 6 September. .
- On 21 November 2017, after parliamentary elections, police again called for both men to be handed over for prosecution, and on 19 January 2018, delegates agreed.
- On May 3, 2018, the Prague Regional Public Prosecutor’s Office announced that prosecutor Šaroč had suspended the charges against Jaroslav Faltynek and three others.
- On April 17, 2019, police proposed prosecuting Prime Minister Babis and five others for subsidy fraud and possible harm to EU financial interests.
- On August 30, 2019, Chief Public Prosecutor Yaroslav Sharochi decided to drop the prosecution involving Prime Minister Babis.
- On September 13, 2019, the head of the Prague Public Prosecutor’s Office, Martin Eladim, announced that he had confirmed the conclusions of his subordinates.
- On December 4, 2019, Chief Public Prosecutor Pavel Zeman announced a decision to stay the criminal prosecution of Prime Minister Andrei Babis and project grant manager Jana Mayelova in the Chapi’s Nest case as illegal and premature. disabled.
- On May 31, 2021, the lead investigator in the case, Pavel Nevtipir, proposed to prosecutor Yaroslav Shalocha to indict Andrei Babis and Jana Mayerova.
- In July 2021, Prime Minister Andrey Babis submitted a proposal to suspend criminal prosecution.
- On August 31, 2021, Jaroslav Šaroch returned the case files to police for further investigation.
- On September 20, 2021, criminal investigators submitted the completed files to prosecutors, including the proposed indictment.
- On November 9, 2021, prosecutor Sarochi requested the repatriation for prosecution of re-elected MP Andrei Babis.
- On November 30, 2021, the deadline for filing the final report filed by the plaintiff in October passed, and the expert filed on December 6
- On March 3, 2022, the House of Commons extradited Andrey Babis for criminal prosecution.
- On March 21, 2022, Supervising Prosecutor Jaroslav Sarochi indicted Andrei Babis for aiding in subsidy fraud and Yana Nagyova (formerly Mayerova) for subsidy fraud and European Union financial interests. sued for damages to
- On September 12, 2022, the main trial began at the Prague City Court.
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