Prison officer from Horní Slavkov convicted for third time for breaking inmate's ribs
The Sokolov court punished Jan Karfiol with a three-year suspended sentence for brutal assault on an inmate, to whom he caused broken ribs and loss of spleen.
Officer punishes inmate for positive drug test, inmate loses spleen
The Sokolov district court convicted this week for the third time 42-year-old prison officer Jan Karfiol from the prison in Horní Slavkov of grievous bodily harm and abuse of authority of a public official. According to Novinky.cz, the court imposed a three-year suspended sentence on him.
"I have reached the same conclusion as in my previous rulings. I have found the accused guilty of grievous bodily harm and abuse of authority of a public official," said judge Emil Pešina.
The assault occurred five years ago during an inspection of the cell of convicted prisoner Marius Chudý (55), in whom a prison doctor detected traces of opiates in his urine. State prosecutor Roman Šustáček described the incident as follows: Karfiol first struck Chudý twice with his fist in the left eye and then struck him under the ribs at least four times, thereby causing him a fracture of three ribs and spleen injury. On the same day, the injured party underwent emergency surgery, during which doctors removed his spleen.
Karfiol, who had devoted himself to competitive weightlifting for several years and was regularly commended for exemplary performance of his duties, denies any physical contact with the inmate. Chudý, for his part, confirmed before the court that he received several blows from the officer. "He said he would beat it out of me, how I got into drugs," he stated.
The court had no doubts about the accused's guilt. The key role was played by the testimony of the injured party himself. "We are aware of his criminal history, which may diminish his general credibility. On the other hand, even a generally unreliable witness can provide truthful testimony. I had the opportunity to observe the injured party during his statement before the court. He described the event spontaneously and convincingly," explained judge Pešina.
Chudý's testimony is also confirmed by an expert report focused on the mechanism of injury. The court rejected the testimony of other officers present during the inspection, who claimed that no excess occurred. "Their testimonies are tendentious, providing an alibi not only to the accused but also to themselves," emphasised the judge, stating that admitting their presence at the assault would effectively make them accomplices.
The previous two convicting sentences were each overturned in appellate proceedings by the Regional Court in Plzen, on the grounds that the ruling on guilt needed to be substantiated more thoroughly, particularly regarding the credibility of the injured party's testimony. Since Karfiol has again appealed, the case will again end up before the Regional Court in Plzen.
Source: Novinky.cz