Prosecutor Vagai reprimanded for failing to contest return of computers to Jiřikovský
A disciplinary tribunal of the Regional Court in Olomouc approved an agreement on guilt and disciplinary measure for Brno prosecutor Marek Vagai, who last year failed to object to a court ruling ordering the return of seized electronic equipment to convicted Tomáš Jiřikovský.
Disciplinary tribunal approves reprimand for prosecutor who did not contest return of electronics to Jiřikovský
Brno regional state prosecutor Marek Vagai received a reprimand after he failed to object in January last year to a court order returning seized electronic equipment to convicted Tomáš Jiřikovský. According to ČT24, the disciplinary tribunal of the Regional Court in Olomouc on Monday approved a draft agreement on guilt and disciplinary measure, and did not conduct proceedings on the merits in light of this agreement.
The regional court in Brno issued the ruling on the return of items on 8 January last year. Jiřikovský thus recovered seven notebooks, two netbooks, a desktop computer, three iPads, mobile phones, several servers with hard drives, portable storage devices, two smartwatches and a gaming console. Nine pieces of electronic equipment remained inaccessible — experts could not access them due to missing passwords.
Vagai initially disagreed with the return of the electronics, but did not file an appeal against the court order and expressly waived his right to do so on the spot. Disciplinary tribunal chairman Aleš Vašků stated that courts may justify their conclusions in a way that leads to the correction of the opposing party's legal opinion, but in this case there was no new or surprising information. "In this situation it would have been appropriate to preserve the time limit. It is inconsistency of character that meets the hallmarks of a disciplinary offence," Vašků said.
Vagai himself accepted the mistake. He stated that at the time, given previous decisions of the Supreme Court, he saw no scope for filing an appeal. "I proposed approval of a guilt and sentence agreement; I am satisfied with the decision," he added.
Electronics likely contained access to bitcoin wallets
The seized electronics probably contained access to bitcoin wallets. After his release from prison, Jiřikovský donated cryptocurrency worth a billion crowns to the Ministry of Justice in March last year. The donation raised questions about the origin of the assets and the ethics of the state accepting such a donation.
Vašků acknowledged that no one could have anticipated the consequences of returning the items. "No one could have expected it to reach such dimensions. However, this cannot be held against the accused; it was primarily a decision of the regional court," he said. Vagai added that at the time of the decision, nothing was known about Jiřikovský operating another internet marketplace or about the planned donation.
Jiřikovský: conviction, release and the accused trio
Jiřikovský was convicted in 2019 to nine years in prison for drug offences, embezzlement and unlawful arms possession in connection with an internet marketplace where payment was made in cryptocurrency. This year he was also charged in relation to money laundering and operating the darknet marketplace Nucleus Market.
In connection with the acceptance of his donation, detectives charged in May this year former Justice Minister Pavel Blažek, his former deputy Radomír Daňhel and lawyer Kárím Titz with money laundering and abuse of authority. All three filed appeals against the order. All three face sentences of five to twelve years in prison.
Interrogations of the accused at the NCOZ
Titz was questioned on Monday at the headquarters of the National Centre Against Organised Crime (NCOZ) on Na Perštýně street in Prague, where he spent less than an hour. He did not respond to journalists' questions after the interrogation, and his lawyer Lukáš Trojan apologised, saying he did not have authorisation from Titz to make a statement.
The legal representative of the Ministry of Justice as an injured party, Jaroslav Ortman, outlined the course of the interrogation: "The accused expressed himself on the matter, partly reading, partly spontaneously. Nothing from his statement surprised me." Ortman also confirmed that Blažek's interrogation took place earlier and without his participation.
Daňhel was questioned at the same location on Friday, where he spent two and a half hours. When asked whether he denies guilt, he answered with a single word: "Obviously." His counsel Radek Šmerda also attended Titz's interrogation on Monday.
Disciplinary action and the measure of punishment
The disciplinary complaint was filed by Brno regional prosecutor Jan Sladký. He acknowledged that Vagai inconsistently pursued the expert procedure, but at the same time emphasised that it was an isolated case. "In the criminal matter where he exercised supervisory competences, his procedure was entirely exemplary. We therefore agreed only on a disciplinary measure in the form of a reprimand," Sladký explained.
According to Vašků, the disciplinary tribunal considered stricter measures as well. Given the concluded agreement, which demonstrates self-reflection on the part of the person subject to disciplinary proceedings, it decided on the least serious form of disciplinary sanction.
Source: ČT24