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Court fined 100,000 kroner to ex-boss of Brno crime division, Machal Huis

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The court also convicted Machala of thwarting a search of the former mayor of Rojetín, Pavel Hubálek, who, according to investigators, used forged stamps from the city council and the company that manages real estate in Brno to allocate apartments.

Machala’s lawyer appealed on the spot. “It was a surprising decision, because if the court tries to judge fairly, it must acquit the client of the charges,” said lawyer Pavel Hála, adding that the decision could send a dangerous signal to police officers’ work with informants.

“It is absolutely impossible for the police to follow the rules, in reality it is an extremely difficult situation. It is too broad an interpretation of the judge. With such a procedure it would no longer be possible to solve anything by penetrate the environment of interest,” the defense attorney added.

Machal’s subordinate Jitka Broďáková left without punishment. According to the indictment, she and Machala used a special police fund to pay informants on her behalf. It was 10 thousand crowns. The judge referred the act to internal police control for investigation to determine whether it was a disciplinary offence.

State representative Petra Lastovecká filed a complaint against the decision, alleging misuse of money. She also adhered to a deadline for any appeal. “The court ruled that there was no politicization, no inquisitorial process, nothing illegal on the part of the prosecution. Machala’s defense was aggressive, aimed at me,” Lastovecká said.

According to her, the main storyline of the case is the relationship between Machala and Kosmák. While Machala claimed that Kosmák worked for him as an informant, Lastovecká contradicted this status. “Machala did not follow the instructions of the police chief about using an informant. He told Kosmák non-public information that concerned him,” Lastovecká said.

Ultimately, Kosmák was among those unfairly punished this year in the Stok case of corruption in the awarding of contracts to rehabilitate city apartments, moving to an environment where more people were committing criminal activities. Kosmák received a three-year suspended prison sentence with a five-year suspension, as well as a sentence of confiscation of property worth three million crowns.

Both cases are related in time. However, Machala stated that he knew nothing about Kosmák’s criminal activities at the time he had him as an informant. As an informant, Kosmák was believed to be acting in the case of Hubálk, who according to Machala at the time considered “only” fraud in the allocation of city apartments and stated that he was not aware that he was part of a larger group that made a living by buying city apartments.

The police searched Hubálek’s house in June 2018, his case has not yet reached a verdict. Kosmák was then invited to the house search as a non-participant. However, the prosecution said he was a person involved. According to the judge, Machala thwarted the house search.

In addition, the non-participant must not be informed in any way about the details of the quest, which Machala also violated. This would allow evidence obtained later to be labeled “illegally obtained”.

He informed Kosmák about the inspections

The judge also stated that Machala informed Kosmák about Hubálk’s investigation, not only when he was unaware that Kosmák was under investigation, but also afterwards. And that Machala knew from the start that Kosmák knew about Hubálek’s illegal actions. He also informed Kosmák that house searches would be carried out in the property administration offices at Brno-střed Town Hall, which Kosmák further communicated to the affected employees. And he also informed him of the results of this inspection.

While Lastovecká considered Machal’s intention direct, the judge considered it indirect. Therefore, he did not agree with the sentence proposal, as requested by Lastovecká. In addition to the fine, she also wanted a suspended sentence and a suspension from the police. She asked for the same punishment from Broďáková.

Later, Hubálek also spoke about other people who participated in the fraud during his statements. The lawyers of Machala and Broďák today mentioned names that have already appeared in the media in this regard, namely Minister of Justice Pavlo Blažek, Mayor Markéta Vaňková of Brno and her deputy Robert Kerndla (all ODS).

Today the case is being investigated by the National Central Bureau against organized crime, and the defense lawyers and Machal indicated that someone does not want to investigate the criminal activities of politicians, but only “smaller players”. “At the same time, the case does not end with (Otakar) Bradáč,” Machala, the former chairman of the Brno-střed district housing commission, now in custody, said in his closing speech. He ended up in it after police raided it on October 4 due to a case of tampering with city apartments.

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By Peter Kavinsky

Peter Kavinsky is the Executive Editor at cablefreetv.org