Stork's Nest Case: Court Upholds Suspended Sentence for Nagyová

The High Court in Prague has rejected Jana Nagyová's appeal, upholding the suspended sentence handed down to her in May over fraud involving an EU subsidy for the "Stork's Nest" farm. The announcement was made by Eva Brázdilová, chair of the appellate panel.

"We reached a settled factual conclusion and directed the court of first instance toward a specific procedure for further proceedings — this is permitted under Constitutional Court practice," the judge explained. She noted that no new circumstances had emerged since the High Court's previous ruling, meaning the panel had no grounds to reach any conclusion other than dismissing Nagyová's appeal. "The appellate court considers the first-instance verdict to be correct," Brázdilová said.

Defense Calls the Case a Foregone Conclusion

Nagyová herself was not present at the hearing, having asked for the case to be heard in her absence. According to her lawyer, Josef Bartončík, the High Court had effectively already convicted his client, despite the fact that the Municipal Court had acquitted her twice.

"This court issued a different ruling and overturned the acquittal. It expressed a different legal position and effectively pronounced a guilty verdict. The court of first instance simply copied it and read it out, only adding that my client is innocent," Bartončík said. He asked the court to overturn the guilty verdict and send the case back to the Municipal Court for a fresh hearing.

First-Instance Judge Himself Had Doubts About Guilt

In May, the Prague Municipal Court sentenced Nagyová to a three-year suspended sentence and a fine of half a million crowns for subsidy fraud and causing damage to the financial interests of the European Union. Judge Jan Šott stated at the time that, in his panel's view, Nagyová should not have been convicted, but that he was bound by the legal position of the higher appellate court, which had already twice overturned his acquittals and sent the case back for review. Šott also stressed that a court of first instance has no authority to evaluate the conclusions or position of an appellate court.

"What I read about myself in the High Court's ruling was appalling. I was portrayed as someone who quite deliberately planned subsidy fraud," Nagyová said in her closing statement in May, insisting on her innocence.

The Essence of the Stork's Nest Case

The Prague Municipal Court began hearing the case four years ago. The charges concern subsidy fraud and damage to the financial interests of the European Union in connection with a 50-million-crown subsidy for the "Stork's Nest" farm. According to the prosecution, the subsidy, intended for small and medium-sized enterprises, was obtained by the farm even though it was in fact tied to the large Agrofert holding, owned by Andrej Babiš.

As a result, the project did not meet the conditions for receiving the funds and secured financing only through the formal transfer of the farm to anonymous shareholders, while, according to the prosecution, it in reality remained under Agrofert's control.

Source: novinky.cz