The Magical Nokia-box - part 22.

What decision was given at first instance?

After the prosecution admitted that they had committed mistakes and the charges related to the Nokia-box had been dropped, Hagyó was imposed two-year suspended sentence. However, he was not found guilty in connection with the Nokia-box and the metro line 4, furthermore the charge of being involved in criminal organization was also dropped. Since the ex Deputy Lord Mayor is still pleading his innocence the responsible defence lawyers have appealed the decision and the case goes to the court of second instance.

What were the antecedents of the decision?

The last witness was heard in September, 2015 in the BKV case. However, even after the case took more unexpected turns. In the last moment the prosecution amended the indictment again basically eliminating the count related to the Nokia-box.

The Hagyó-case: according to the Prosecutor General it was not legally established to interrogate Demszky - atv.hu

It was not legally established to interrogate Gábor Demszky, former Lord Mayor, in relation to the so called BKV-lawsuit against Miklós Hagyó, former socialist Deputy Lord Mayor, and his co-defendants - said Imre Keresztes, the Chief Prosecutor of the High Prosecutor’s Office of Central Investigations at the press conference taking place on Monday.

The journalists present pointed out that it is a case in which the authorities investigated the responsibility of the Deputy Lord Mayor and Demszky’s former inferiors and the abuses taking place in a company of the capital. 

Hagyó finally does not need to go to prison – here is the court decision - nepszava.hu

Hagyó, ex socialist Deputy Lord Mayor, was sentenced to tow-year imprisonment suspended for four years for abuse of authority and breach of fiduciary duty as inciter by the Court of Kecskemét at first instance on Tuesday. The charge of bribery, however, was dropped.

The charge against Ernő Mesterházy (ex political chief advisor of the Lord Mayor), second accused, was dropped by the judicature presiding by Ibolya Hadnagy. According to the explanation of their decision in his case only one act of incitement without result could be established.

It was a lie, however it contributed to the two-third - atv.hu

According to the lawyer of Miklós Hagyó, ex-Deputy Lord Mayor of the socialist party - having been sentenced to suspended imprisonment – there is a direct twofold connection between the Nokia-box, the memento of the BKV-scandal reaching its peak during the parliamentary election period in 2010 and the win of the currently governing parties with two-third majority. According to the election expert answering to our questions the corruption case did contribute to the uncertain voters’ deciding for the right-wing.

Based on the sentence passed by the court of first instance at the beginning of the week none of the accused in the Hagyó-case has to go to prison, what is more some of them are entitled to bring an action for damages. Three of the four charges against the first accused, former Deputy Lord Mayor, have been dismissed by the court. However, for abuse of authority and breach of fiduciary duty he has been sentenced to tow-year imprisonment suspended for four years.

The Magical Nokia-box - part 18.

Is the public media biased towards the BKV-case?

The government of Fidesz passed the new press and media act. In the Media Council established under the new act there is no a single member who could be supposed to be in favour of the independent press. Although, it is the main responsibility of the MTI to provide the press with the latest and objective news, in the communication having been provided by them in relation to the BKV-case important bits of information have been lost. In most of their reports the focus is more on the details of the older testimonies which have already been unsaid in most of the cases. At many points they have penned briefly and ambiguously, furthermore their titles have not reflected accurately the events took place during the trials.

Has the public media given up being independent?

The new press and media act issued by the government of Fidesz and the omnipotent Media Council elected for 9 years provide this impression. Since its being passed the act has been heavily and justifiably criticised both at a nationwide and an international level. Negative opinions have been expressed worldwide on the current status of the Hungarian democracy and “freedom” of the Hungarian media by the leading newspapers, diplomats and political organizations.

If it is up to the prosecutor, Hagyó will be never released

According to the prosecution authority in case of eight accused the charge of continuous breach of fiduciary duty through organized crime is factual therefore the prosecutor requested for their heavy prison sentence and the exclusion of their release on parole in his prosecutor speech.

In case of Miklós Hagyó, Attila Antal, Zsolt Balogh and Miklós Regőczi the fact that the sentence for engagement in organized crime was raised from 20 to 25 years has not only theoretical significance – said Prosecutor János Homonnai representing the Prosecution - when at the end of his prosecutor speech he itemized the charges against each accused and the sentences he is requesting for them after closing the prosecution’s case-in-chief at first instance. According to his opinion in case of Miklós Hagyó, Ernő Mesterházy, Attila Antal, Zsolt Balogh, Miklós R., Ottó L., Éva M.-H. and Miklós H dr. the charge of engagement in organized crime – threatening the accused with double sentence – and the act of causing continuous and extraordinary material loss are well-based.

Most of the accused are charged with aggravated breach of fiduciary duty – some of them are charged as offenders, some of them are charged as instigators and others as abettors. Besides, Miklós Hagyó is charged with two counts of abuse of authority and two counts of bribery committed as an executive official. Besides breach of fiduciary duty, Attila Antal, Zsolt Balogh and Miklós R. are charged with more counts of falsification of private documents, as well. The rest of the accused are also charged with breach of fiduciary duty and falsification of private documents without the fact of engagement in organized crime.

The Magical Nokia-box - part 16

When did it turn out that the story of the Nokia-boxes is not more than a legend?

On October 9, 2012 the story took an unexpected turn: during his court hearing Zsolt Balogh unsaid his statements on the Nokia-boxes. He was called by Judge Ibolya Hadnagy to declare if he keeps his investigatory testimony. Balogh said that he keeps the one given before the court. About his significantly different investigatory testimony read out by the judge he said he had stated incriminatory things in it in order to meet the needs expressed by the prosecution and avoid prison: “I am not a hero. I did not want anything else just to go home.” Later, in March 2015 he completely withdrew the story of the Nokia-box and he apologized to Hagyó spending nine months in custody for his earlier false statements on him. Finally, the prosecution did drop the related investigation, admitting that the statements on the Nokia-box cannot be supported with evidence.

Why is it particularly significant that Balogh unsaid his testimony?

Because the whole Nokia-box scandal developed from his statements. Among others, this is how the story about the bribes delivered to Miklós Hagyó, former Deputy Lord Mayor, on several occasions by Balogh got around. The indictment of the BKV-case also based on these statements just like the two counts against Hagyó.

The Magical Nokia-box - part 15

Did Miklós Hagyó admit the charges against him?

The moment when Miklós Hagyó gave his testimony before the Court of Kecskemét was waited for impatiently by the media and the public as well. In his testimony Hagyó rejected the charges brought against him including the Nokia-box related statements. Moreover he drew the attention of the court to more inaccuracies in the indictment. In the indictment more dates are inexact and it was compiled without questioning him or other executives involved in the case about the Nokia-boxes during their pre-trial detentions.

Why did not the indictment fulfil the formal requirements?

The crime of bribery and blackmail described in Count II of the indictment is too general; also it fails to refer to the exact location and time of the delivery, in other word the situational elements necessary for the concretization are missing from the document. Therefore the charges against Miklós Hagyó which are related to the Nokia-box do not fulfil completely the requirements of the legal criminal procedure, which would ensure that the prosecution be brought only based on proven and concrete facts of the case filed accordingly in the Indictment. However, there are issues concerning the provability of the indictment, as the interrogatees reported the influence of the investigatory statements.

The Magical Nokia-box - part 14

Why was the BKV lawsuit reassigned – twice – to Kecskemét?

The new Fundamental Law of Hungary granted Tünde Handó, president of the National Office for the Judiciary, the right to (re)assign the BKV-case to the Court of Kecskemét famous for giving unreasonably severe court decisions. According to the plans the judgement would be passed in the peak period of the campaign, 2014. The plan itself failed, however the BKV-case resulted in a “legal horror story”. Although the Constitutional Court stated that the reassignment of the case violated the law, the courts involved began passing the BKV-case to each other until it finally got back to Kecskemét again.

Was the possibility of the reassignment of lawsuits involved in the law because of the BKV-case?

Possibly, it was. The investigations in the BKV-case were already ongoing, when in 2011 the pro-government two-thirds of the parliament defined the term “case with high priority” in the Criminal Procedure Code. The related legislation made it possible that cases with high priority be assigned to a court by the responsible Prosecutor’s Office or referring to workload the president of the court could drop these cases. Since the Constitutional Court prevented that the Fidesz related Péter Polt, Chief Prosecutor, could assign the case to a court, another solution was produced.

The Prosecutor’s Office also has disbelief in the story of the Nokia-box.

At the trial of the BKV-case on Tuesday, the prosecution also arrived at the conclusion that the main count against Miklós Hagyó – the receipt of the bribes hidden in the Nokia-box - could not be substantiated any more after the only incriminatory testimony had been unsaid before the court. Interestingly, the prosecution initiated the related investigation only after bringing charges against the former Deputy Lord Mayor of MSZP.

The most serious count of the indictment against Miklós Hagyó, former Deputy Lord Mayor of MSZP, seems to be refuted in the lawsuit heard at the Court of Kecskemét.

The count against Hagyó was based on Zsolt Balogh’s, former Chief Executive Officer of the BKV’s, contradictory statements made earlier during the investigatory phase. 

The statements made on the bribes delivered in the Nokia-box and becoming well-known in 2010 were unsaid by Balogh during an earlier phase of the lawsuit in 2012. This year he asked Hagyó for his apologize at the trial, furthermore he claimed: he had never delivered money to Hagyó, either in a Nokia-box or any other way. On Tuesday at the trial the prosecution admitted that the statements on the Nokia-box could not be proved.

The Magical Nokia-box - part 9

How did the Nokia-box effect the parliamentary elections?

The smear campaign against Hagyó had significant role in the two-thirds victory. The new Fidesz-led government appointed Tünde Handó as the president of the National Office for the Judiciary, Péter Polt as the Chief Prosecutor of Hungary, Mária Szívós as signatory judge, furthermore they established their authority over the media with the help of the media law. As the Nokia-box had an influence on the election, the election also had an effect on the Nokia-box case, as the above mentioned appointees played a significant role in the progress of the BKV- and Hagyó-case.

Thanks to the Nokia-box legend has the left-party been associated with corruption?

Yes, it has. After Zsolt Balogh’s statement the whole nation was shocked. At the time of the 2010’s election the Nokia-box became the symbol of corruption in the public awareness. The idea of a corrupt, left-liberal and rotten government developed by the right-party related media seemed to be proved for people criticizing the Gyurcsány-government. As a result of the smear campaign the left-party not only lost the elections, but Fidesz was able to obtain the two-thirds majority.

The nokia box story is over

The BKV case continued in Kecskemét with the screening of the confrontation between Miklós Hagyó and Zsolt Balogh on September 14, 2010. Zsolt Balogh after the hearing said: he felt that he could only stay released if he says incriminatory about Miklós Hagyó. Hagyó never ordered him into any outlawry; respectively he never gave him any money.

Before the court viewed the record in closed circle, András Kádár, the lawyer of the former deputy lord mayor asked the resume of the verdict from the European Court of Human Rights from Strasbourg in the case between Hagyó and Hungary. 

The mafia charges of billions of forints have melted

In most cases because of the absence of crime police have terminated the criminal procedures initiated after the change of administration in 2010. stipulations of international treaties. In several cases the courts were unable to find proved the accusation of the existence of some kind of mafia entity. Tax payers are to bear the 100 billion Hungarian Forints which is contested in the lawsuit connected to Sukoro investment.

Miklós Hagyó former socialist Deputy Mayor was shocked when he saw himself in a picture in a FIDESZ campaign poster on the streets. In those posters he is not illustrated in a good manner at all. Although he has been retired for 4 years and he has no intention to return to the public life. Our newspaper went to what happened with those members of the public against whose criminal procedures were initiated – not exempted from political overtones – during 2009 and 2010. Which is the present status of these procedures, is there any decision in force, the accused are released or sentenced?

INDEMNITY

We were looking for Miklós Hagyó to take a statement about how he has lived through the past years, what lesson was stabbed from his position of Deputy Mayor, what he would do in another way and what is the truth about the alleged millions carried in a Nokia box. However – via his legal representative – he said that he does not intend to say a word. “Once you’re bitten by a snake you fear the lizard as well.” – reflected András Kádár attorney-at-law why his defendant rejects to comment. It is known from Hagyó that he lives secluded in the embrace of his family. After his arrest his physical condition was broken down, he lost 37 kg weight. Now he has been waiting for the end of the criminal proceedings regarding the BKV case. Miklós Hagyó was arrested on 14th new Parliament, almost at the same time when his former socialist party co-‘s took their oath. Although he had indicated – via his legal representative – to the authority weeks ago that it is his full intention to cooperate with them, special police force knocked on his house’s door. He opened the door then the special force pushed him against the wall, handcuffed and led him in the crossfire of the media. The video had been shown for weeks by the public media. Meanwhile Hagyó’s condition was getting worse and worse in the correctional institution, he spent more than 4 months in a guard house where the available space was 3,52 square meter per person, furniture included. Then he spent 4 months in another place where the ratio was 4,7 square meter per person. His lawyers wanted him to be placed to home guard however they also referred to and emphasized a procedural anomaly: the authorities failed to determine the real reason of the arrest. Also the European Court of Human Rights did not find everything fine since the Court judged EUR 20,000 indemnity in favor of Miklós Hagyó in 2013. As we know Hungary has already paid this amount to him. 

The Hagyó case had been replaced to Budapest – Népszava article

In the criminal procedure of the former deputy lord mayor and his 14 associates in the warrant from the Kecskemét Tribunal on December 6th, 2013, they established the lack of cognizance and they placed the case to the Budapest Tribunal – announced the Kecskemét Tribunal. 

As it known: Handó Tünde, the president of the National Judicial Office (the wife of József Szájer, who is a Fidesz representative of the European Parliament) in 2012 appointed the Kecskemét Tribunal for the continuance of the process. In the meantime the provisions of measures were eliminated by the Constitutional Court which was the basis of the appointment – with the references of collision with the basic law offence and international contracts.

BKV case: it was a normal contest

The BKV case trial continued with the former leader of the department of investment’s hearing today on the Kecskemét Tribunal. The witness was heard in the count of the C. C. Soft Ltd. accusation. On the hearing he made it obvious: this company made the best offer for the configuration of the passenger informant system.




The former leader of the department started to work at the transportation company in 1974, and in the lack of 10 days he was working there for 35 years, until May, 2008. He led the department of the investment from March, 1997 until August, 2007, when because of the realignment he became to the front of the developmental department. About the questioned period – summer of 2007 – he said that at that time the department controlled 170-180 investments. 

The accusations with the C.C. Soft are misty – reporting from the court room

Not one question came up in the people after the Thursday’s hearing of the BKV case. The technical terms like interface XM 25, data link, guards just fluttered. The court’s and the reader’s situation is not easy. We will try to clear this up, howsoever the situation with the I/14 count seems like misty.





Because of course what just happened in a ”shallow and rough-and-ready” way?

There is a several billion forint project, in it’s maiden name, the whole reconstruction of the Szentendre’s local train, which is proceed in it’s own way, in practice it had to be ready for the fall of 2007. However the modernization of the passenger informant system is dropped out of it, which of course should be do in lightening steps, after all the fall is coming, the school season is coming.

BKV case: absurd mix-up in the court room – Stop.hu article

On the Kecskemét Tribunal they would prove the condition of the local train’s passenger informant system in 2008 with photos which were taken in 2011. From this it became a comical mix-up, but they still couldn’t prove the accusation.




On the Thursday’s hearing on the carpet it was again the accusations of the contracts with the C. C. Soft. The witnesses who were heard were the responsible people in the department of the investment of the local train’s passenger informant system. One of them, F. P. as he said, he feels that in the October of 2007 at the explosion of the media scandal he became in the position like this because he was inexperienced and manageable. He stated that for November, 2007 the testing could start and however a lot of mistakes were revealed, the workers of the C. C. Soft did everything for the insurance of the system’s working. The witness stated in his investigation testimony that Zsolt Balogh, that time deputy CEO of the BKV, took in the decision power. With this he would have support the concept of the accusation but for the questions of the defense he said that from the defendants, no one ordered him to any outlawry or committal of an abuse. Attila Antal, the former CEO of the BKV, in his observation he noted that if F. P. wouldn’t have signed the achievement certification which are in the accusation then they couldn’t paid the C. C. Soft, and then the project would have been stopped which the witness was responsible for. 

BKV case: the local train’s display is on the carpet

On the yesterday’s hearing of the BKV the counts with the C. C. Soft were on the carpet. The court heard two witnesses who were the responsible people of the project in the company’s department of investments in 2007 when the company established the passenger informant system of the Szentendre’s local train. 

For the end of the day it revealed: during their activity they had no sign to the management of the transportation company that would include that the project wouldn’t fulfill.

The official people who works in the BKV case can get 10 years

The bill submitted by MSZP not long ago would punish official people with the possibility of 10 years imprisonment – that way also the prosecutors and the investigators working on the BKV case – who produce made-up evidences or if they participate in this action with malfeasant tools.





The defendants and witnesses involved in the BKV case during the hearing reported one after the other that they’ve made their previous testimonies which were incriminatory to others under humiliating circumstances, directionally, coercion interrogations as a result of the interrogating investigators’ and policemen’s threats.

Even Zsolt Balogh, the case’s key witness and at the same time defendant also admitted that the reason behind his incriminatory statements (for example about the Nokia box) during the election campaign was that he wanted to meet the expectations and to avoid jail. “I’m not a hero, I didn’t want anything else just to go home” – he confessed before the court.

Coercions, magisterial impositions in the Hagyó-case - SUMMARY

Gábor Tóth police superintendent during the whole investigation of the BKV case stated confidently about the process. He undertook it with name that they have the investigation in their hand and he was talking about new evidences and about conclusions what they got from the investigation testimonies.




Contrarily the testimonies which were heard in the case’s trial in Kecskemét from the defendants and from the witnesses sharply confronted with the testimonies of the concerned in the investigation period. From the main defendants and from the witnesses most of them unsaid their investigation testimonies and in the court they did a new testimony. They said about their earlier, incriminatory testimonies against others that they only did it because of police threat, in the exchange of their lives, in humiliation circumstances, it was directional and under coercion.

Ernő Mesterházy, the former advisor of Gábor Demszky on the court he offended the investigators, he called his brought to justice a recklessly violator process. He indicated that he is standing uncomprehendingly in front of the process against him which, according to him „conception, recklessly violator and it’s obligate to serve a political, human, and financial disable”. Moreover he said that according to the record the questioning was for almost 11 hours but the result was only two pages long, the investigation authorities humiliated him and tried to convince him to say an incriminatory testimony against Miklós Hagyó and if he does it than they will let him go from detention.