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 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.

Péter Ottoné Szabadvári dr. - Her role in BKV-case

We do not know much of Szabadváriné’s carrier. You cannot find her CV on the internet or her exact date of birth and there is no information on her studies. The only thing which we know for sure is that she played a significant role in the BKV-case as the head of department of the Special and Economic Affairs of the Metropolitan’s Prosecutor’s Office.

She also took part in other metropolitan investigations in 2010. After this, she became one of the senior advisors of István Tarlós. However, she took this position under her husband’s family name, which seems to be logical if we take into consideration her doubtful cases.  

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.