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 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.

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.

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.

The Magical Nokia-box - part 13

Did also the indictment contain the Nokia-boxes?

At the beginning of 2012 the prosecution was brought. The Nokia-box count was based on exclusively and solely Zsolt Balogh’s contradictory statements. The indictment of course contains the case of the Nokia-boxes, however interestingly the Nokia-boxes themselves are not mentioned. In the indictment issued carelessly and inaccurately has a reference only to the 15-15 million forints which was delivered to Hagyó on a yearly basis. Any other details on the location, the time or other circumstances are not mentioned in it. The term „Nokia-box” does not occur in the text at all.

What does the indictment exactly say about the Nokia-box?

Literally the following:

Miklós Hagyó, first accused, as the Deputy Lord Mayor of Urban Management and Asset Management of the Budapest Municipality, abusing his official position in March 2008 instructed Zsolt József Balogh, fourth accused, as the Chief Executive Officer of the BKV to deliver 15 million forints to him on a yearly basis.

The Magical Nokia-box - part 12

Did the Nokia-box case influence the municipality elections?

Of course, it did – Hagyó was suspected of the Nokia-boxes five week before the municipality elections. This was also the time when the records on the confrontation leaked out, which brought back the same public mood as before parliamentary elections. In fall – just like previously in spring before the parliamentary elections - the Nokia-box became a campaign topic again. Beginning a new wave of their attacks they used the BKV-severance pays as weapons. Later more socialist politicians were charged. The then mainly liberal and socialist Budapest failed. Although it has been revealed that the Nokia-box charges are false, the truth cannot change the results of the elections.

When and how did the record on Balogh and Hagyó’s confrontation leak out?

Again the timing of the right wing was careful and precise. The record on the police confrontation came to light during the campaign period of the elections. And although it is obvious it should be pointed out that the Magyar Nemzet did publish it under the following title “I live in fear of death by you, Miklós!”. Of course, the fact that the BKV-case was picked up again might have influenced the municipality elections as it might have done the parliamentary elections.

The prosecutor getting Hagyó into custody is also one of Tarlós’s chief advisors

The former prosecutor who succeeded to have the former Deputy Lord Mayor of MSZP in custody appears on the list of Tarlós’s advisors by the name of her husband’s with a monthly salary of 850 thousand forints. Former counter intelligence agents and police officers involved in the BKV-case are employed by the capital city, as well.

One of the Lord Mayor’s most well-paid chief advisors is Péter Ottóné Szabadvári dr. The lawyer currently using his husband’s name at the City Hall worked as prosecutor by the name of Katalin Vámos: she was involved not only in the Hagyó-case but also in proceedings against more executives in Budapest. Her name also appears in cases of breach of state-secrets and in the cases in connection with the UD Ltd. She is not the only one who took a role in these cases and became employed by the capital after Tarlós had been elected.

The former prosecutor can be hardly recognized

On the salary list published by the Origo a couple of weeks ago the most well-paid advisor in the 14-member advisory team appears by the name of her husband, Péter Ottóné Szabadvári dr. The chief advisor working as special referee for a monthly salary of 850 thousand forints was identified by the Origo as the former prosecutor who had played an important role in the Hagyó-case.

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 11

Was Hagyó accused of the nokia-boxes as well?

Yes, he was, but the accusation was unfounded and made long after Balogh’s testimony and Hagyó’s arrest. During his custody, he was not inquired about the nokia-boxes at all. Hagyó and Balogh were confronted on September 14, 2015. Hagyó stated that he has never received money from Balogh, however Balogh kept to his story and refused to answer to any questions. At that time, Balogh was already defended by István Szabó Dr., who was referred to as “the lawyer of the Fidesz” in the media.

When was Hagyó accused of the nokia-box?

He was accused of the box only on August 30, 2010 although Balogh made his first statement about the boxes in March. A whole season passed. Moreover, Hagyó was not inquired in relation with the boxes during his custody.

The Magical Nokia-box - part 8

How did the press pick up the story of the „Nokia-box”?

One month before the parliamentary elections Zsolt Balogh begun to give interviews about the Noki-box, but only to the right –party related media. First, in the Magyar Nemzet, later on the Hír-TV the smear campaign continued. The Nokia-box, however, became more and more magic, since the former Chief Executive Officer’s statements on the exact source of the money and the circumstances of the delivery itself were changing day by day. These contradictions were never spotted by the investigators, although they were the only one aware of all the versions of the same story. For the audience only the official statements were available. By this time Balogh’s incriminatory statements were considered to be facts.

When was the first time when Zsolt Balogh talked about the Nokia-box?

The first “out-coming” took place one month before the parliamentary elections. 6 March 2010 the full interview done by the righ-party media appeared in the Magyar Nemzet with the title “I handed over the money to Hagyó in a Nokia-box…”