Election campaign reload – The investigations in the „Nokia box case” has been relaunched

In their submission full of formal errors Appellate Chief Prosecution Office in Szeged requested the initiation of the full reinvestigation of the story of Nokia-box at the regional court. If accepted this would be the third time that the case was put under investigation although the defendants have been acquitted by two times.

In case reinvestigation is approved by the Szeged Regional Court of Appeal in the proceedings beginning in September, it would be the third time that Fidesz would get the opportunity to influence the parliamentary elections with the same story. It should not be at the suprise of the ones following the case that along with the submission a prize from Péter Polt has also been accepted by the Prosecutor of Szeged competent in the case.

In September Tünde Handó, at long last, might be home and dry with one of her first decisons made right after she took office in January, 2012. The „Hagyó-case” did land in Szeged as it had been planned by Handó from the very beginning. Despite the decision made by the Constitutional Courd and their clear opposition, in the proceedings started the second time the only destination of the case could be Szeged. Perhaps, at the attempt to understand the ’why’ it could be useful to know that Attila Harangozó – the only candidate for the position of President of Szeged Regional Court of Appeal and then appointed by Handó – at a press conference referred to the President of OBH as his employer and he described the European Court of Human Rights in Strasbourg as gentlamen’s club. After all, it should not be at our suprise that Péter Polt’s prosecutors in Szeged are eager to carry out their duties accordingly. And what are these duties exactly?

Former Synergon-executive rescued from the Hagyó-case has become the CEO of the MVMI Information Technologies Service Centre Ltd.

Although it is not reflected in the registry of companies, on their official webpage Márk Lazarovits is indicated as the CEO of the MVMI Information Technologies Service Centre Ltd. Lazarovits ran the Synergon Information Technology Plc. between 2007 and 2011. According to the prosecution’s narrative – which they failed to prove – Lazarovits had been supposed to hide the 15 million HUF in the Nokia-box meant to Hagyó.  

The prosecution’s narrative and the indictment were based on the testimony given by Zsolt Balogh, third defendant. However the testimony was withdrawn by Balogh, meaning that the case was dropped for the CEO of Synergon. It is important to note that for some reason the prosecution did not carry out any investigation into Lazarovits’s case and did not questioned him at all in the two and a half years passed between Balogh’s giving testimony incriminating Lazarovits and its being withdrawn.

The Magical Nokia-box - part 23.

What are the expected consequences of the court decision?

I connection with the court decision considered to be “too lenient” the Fidesz wanted to call the judicature to account, however the high ranking representatives of the judicial power – involving Tünde Handó – have protested against it. The events took a dramatic turn when more judges making statements anonymously admitted that no independent judiciary exists in Hungary and the judges are exposed to the influence of their superiors. Definitely, this explains a lot in connection with the highly questionable decisions made in the BKV-case in the investigatory phase.

How did the MSZP turning their back on Hagyó react to the court decision?

After the court acquitted Hagyó of the most serious charges, the MSZP took the former socialist Deputy Lord Mayor under their protection. Better late than never, right? Well, since the story broke this was the first time that the socialist stood by their ex co-member having been dragged through the mire. Gergely Bárándy, the socialist vice-President of the legislative board stated that the charges were unfounded, they were lies. There was no Nokia-box, there was no corruption and there were no bribes. He also mentioned it more times that the Fidesz tries to increase their support by initiating show trials and unfortunately, they can always find people at the Prosecutor’s Office who are happily willing to provide assistance to the Fidesz with its methods associated with the “darkest dictatorships”. Gyurcsány referred to the Nokia-box as a smart marketing trick in an ATV program.

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 European Court of Human Rights in Strasbourg is like the gentlemen’s club.

The Hungarian judiciary is being criticised by both the right and the left-wing political parties for their decisions made in such cases as the red mud disaster case, the Hagyó-case and the Sukoró-case. The press conference held by Attila Harangozó, president of the Regional Court of Szeged, and his deputy, Attila Hámori aimed at reacting among others to the above mentioned.

Attila Harangozó began the discussion with pointing out that every organization has a structure and on top of the structure there is a leader appointed accordingly. The successful work of an organization requires the loyalty and professionalism of all the members. The court is a national organization – it has to work for the interest of the state and in harmony with it.

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. 

The Fidesz is excited, the party is attacking the judges - hvg.hu

It got a rise out of the Fidesz that there is no culprit in the red mud disaster and only suspended sentence was passed on Miklós Hagyó. According to the Fidesz the judicial independence is nothing more than liberalism.

Szilárd Németh, Fidesz-related member of the parliament announced that the party initiates discussion in the legal committee of the Parliament on the jurisdiction in relation to the decisions made by the responsible court in the Hagyó-case and in the case of the red mud disaster.

MSZP: The Fidesz feeds the media with show trials - nepszava.hu

According to the MSZP the Fidesz is trying to increase their support by initiating show proceedings and they can find people at the Prosecutor’s Office who are happily willing to provide assistance to the Fidesz with their methods associated with the “darkest dictatorships”.

Gergely Bárándy, vice-president of the socialist legislative board of the Parliament stated: during the criminal procedure brought against Miklós Hagyó, former socialist Deputy Lord Mayor, and his co-defendants, it turned out that the charges were groundless lies. There was no Nokia-box, there were neither bribes nor corruption. Those who have provided assistance with the show trial were rewarded: for example the prosecutor bringing charges against Miklós Hagyó became István Tarlós’s, Lord Mayor’s chief advisor.

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 21.

Why is the work of prosecution questionable?

The BKV-case is a good example of how successfully can the prosecution, the police and the court work together when the political interest requires so. One of the most important roles was performed by prosecutor Szabadváriné Dr., the chief of the Department of Special Investigation. It can be hardly considered to be correct that the first highly illegal arrests and interrogations in relation with the investigation took place with her approval – just as the fact that later she was awarded for this by Tarlós. Not to mention that the charges related to the Nokia-boxes were dealt with unexceptional attention and priority – often ignoring the related processes. The investigation in the case of the well indicated bribery was launched after Balogh unsaid his testimony. Until that time it was considered as a charge supported by one single person’s statements.

Who did initiate the prosecution in the BKV-case?

The scandal around the severance pays paid by BKV broke in 2009, not much before the parliamentary elections. The Fidesz, of course, abused the situation and they were continuously attacking the coalition leading the capital. The first charges were made by the future lord mayor as the representative of the party. István Tarlós turned to the prosecutor’s office in connection with the above mentioned severance pays on July 29, 2015.

The Magical Nokia-box - part 20.

Why is the Nokia-box still talked about?

It seems to be that a part of the leading politicians ignore the fact that Balogh unsaid his testimony. The parties are still referring to the Nokia-box in front of the public. They must have some interest in doing so, since they are continuously trying to put either each other or the MSZP in an awkward position with it.

Did they attempt to raise the issue again closer to the campaign period?

As they did it before in 2010 during the parliamentary elections period and later the municipal elections period they raised the issue of the nokia box during the campaign period of the elections in 2014. The timing was planned well in advance: at the beginning of 2012 at the press conference following the reassignment of the suit to Kecskemét it was announced that the firs-instance verdict will be delivered in the peak of the campaign period, 2014.

The Magical Nokia-box - part 19.

Are there any cases related to Miklós Hagyó which were closed?

In spite of the obvious partiality four cases related to the Magic-box were closed. It was proved before the court that in the pre-trial detention Hagyó did not commit falsification of private documents related to his registered partner’s visits. Related to the lockup of his wealth the court decision was made in his favour. The investigation initiated based on the report made by the State Audit Office was dropped, furthermore the Court of Human Rights in Strasbourg decided in Hagyó’s favor against the Hungarian state in connection with the conditions of his custody.

How many proceedings have been closed in favor of Hagyó?

Currently the BKV-case the legal state is 4:0 in favor of Hagyó since the investigation initiated based on the report made by the State Audit Office was dropped by the Prosecution Office. It means that in all the four cases the court decided in favor of Hagyó in spite of every effort made by the prosecution.

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.

Here is the list: policemen, prosecutors and judges proving their loyalty to Orban earn millions

A couple of days ago it was revealed that Zsolt Nagy, ex-investigator responsible for the Hagyó-case, earns a million per month at the BKV. However, he is not the only one who has been assigned a position of a competitive salary in return for their services and loyalty. Although, since then it has become obvious that - putting it slightly - they committed a bunch of “professional mistakes”.

The prosecution has failed to prove the charges against Hagyó and his co-defendants. Before the court the defendants and the witnesses talked about their earlier statements as given under coercion. Zsolt Balogh withdrew his story about the Nokia-boxes two and a half year ago. What is more, in March 2015 he publicly apologised to the ones who he had incriminated with his false statements. Finally, the prosecution also admitted that his story about the corrupt money cannot be proved with evidence. This, however, has not meant a hindrance to reward all the policemen, lawyers, prosecutors and judges acting according to the political interest.

The ex-investigator having been responsible for the Hagyó-case currently earns a million forints a month at the BKV.

A new name can be put on the list of the winners of the BKV-case: it has turned out that the then investigator responsible for the Hagyó-case earns millions as the deputy project director of the DBR Projekt Metró Board.

It has been reported several times that policemen, lawyers, prosecutors and judges acting according to the political interest have been all rewarded for their readiness – despite the fact that it was proved in many of the cases that they had made “professional mistakes”.

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 17

Who are the main protagonists taking advantage of the case?

György Pető leading the investigation got the lead of both FKF and FBI. Ottó Halász conducting Hagyó’s interrogation became the deputy director of the security board of FKF. Gábor Tóth currently is the supervisor of a public security working group at the Municipality of Budapest, where he can work together with more of his ex colleagues and other police higher-ups. Iván Szabó was awarded with the Order of Merit of the Republic of Hungary, Officer’s Cross, while Imre Keresztes was awarded with the Order of Merit of the Republic of Hungary, Commander’s Cross. Prosecutor, György Győri became the chief-deputy prosecutor of the Prosecutor’s Office in district XI and XII. Mária Szívós thrives as constitutional court judge.

So the ones who performed major roles in blackening the BKV-case were rewarded?

Exactly. Police officers, lawyers, prosecutors and judges acting according to the related political interests were awarded, despite the fact that they had committed – gently saying -“professional mistakes”.

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.