Court of Appeal upholds acquittal of 28 people in case of sale of flats in the centre of Prague

The acquittal of 28 people in the case of the sale of city flats in the centre of Prague between 2012 and 2015 has become final. The Prague Municipal Court ruled yesterday that only most of them were acquitted on the grounds of their acquittal. The prosecution was mainly against former Prague 1 councillors, including former mayor Oldřich Lomecký (then TOP 09) and his deputy Daniel Hodek (ČSSD).

Last autumn, the District Court for Prague 1 acquitted all the defendants on the grounds that it had not been proven that the act had occurred. However, the Appeals Chamber today concluded that the acquittal of the 27 defendants was more appropriate, on the grounds that the act did happen but was not a crime.

The prosecution alleges that Prague 1 sold 22 housing units below cost between 2012 and 2015. According to prosecutors, the defendants failed to ascertain the usual price, causing CZK 32.5 million in damages to the district. According to prosecutors, the defendants committed negligent obstruction of an official's task and negligent breach of duty in the management of foreign property.

The defendants have previously denied guilt, pointing out, for example, that the purpose of the sale of the flats was not only to maximise profits, but also to stop the loss of population in the centre of the capital.

"In no case did the law stipulate that the usual price had to be determined by an expert's report," said Jan Šott, president of the appeal chamber. He also said the borough had advertised the flats beyond its legal obligations. "There was a proper tender procedure in the matter and no manipulation or negligence was found," Šott said.

In her appeal, the public prosecutor suggested that the case be reheard by the district court. She accused the court of incorrect evaluation of evidence and incorrect legal conclusions. The defendants' attorneys considered the verdict to be mostly correct, pointing out, for example, the number of expert reports prepared, all but one of which concluded that no damage had been caused.

Initially, 34 people were prosecuted in the case. Four had entered into plea agreements with the prosecutor. Two other people accepted the financial penalties imposed by the district court in a criminal order. The court referred the City of Prague 1 to civil proceedings.

Source: CTK