The stork’s nest was deliberately removed from the agrofert, Shahroch said in the appeal

State representative Jaroslav Šaroč insists that Farma Čapí hnízdo was deliberately expelled from Agrofert with the aim of receiving an unauthorized subsidy. He said this in justification of the appeal against the acquittal of former prime minister and leader of the ANO movement Andrej Babiš and his former adviser Jana Nagyova in the Čapí hnízdo case. According to the plaintiff, the issue of the operation of the companies Agrofert and Farma Čapí hnízdo in the same market is also not resolved. On Friday, ČTK was informed of the grounds for the appeal filed by Aleš Cimbala, a spokesman for the Prague City Prosecutor’s Office.

The indictment of the Čapí hnízdo case states that in 2007 and early 2008, Babis ensured the withdrawal of Farma Coffee Hnízdo from Agrofert and the sale of shares to his children and his partner. According to investigators, he did this so that the company would meet the conditions for a grant of fifty million for small and medium enterprises. However, in February this year, the Criminal Chamber of the Municipal Court in Prague concluded for the second time that the act was not a criminal act. He made a similar decision last year, but an appeals court overturned the non-judgment decision.

According to Simbala, the public prosecutor focused on two lines of support in the appeal argument. “Regarding the deliberate removal of Pharma Čapí hnízdo from the holding’s structures, he reiterated that he continues to believe that the indictment is a purpose-built company. A subsidy,” the spokesman said.

However, the Appellate Body must conclude that the company was not deliberately cut off, according to Šaroch, as the courts have not yet officially addressed the second line, which is precisely related to operations in the same or neighboring markets. “This second tax-related argument was already a subsidiary part of the first filed appeal, but the appellate court did not preemptively deal with the earlier argument,” Simbala said. According to the plaintiff, even the city court did not deal with the arguments contained in the new judgment.

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Shahroch is proposing that the Appellate Panel reverse the acquittal and remand the case to municipal court. “At the end of the further justification of the appeal, the public prosecutor recommended the addition or repetition of decisive evidence and suggested to the appellate court that, if the appeal is upheld, it would bind the court to the legal opinion,” Cimbala added. .

Shahroch appealed the February acquittal without further explanation in mid-April. According to Simbala, the plaintiff’s plea was drawn up on Friday last week, and was presented to the High Court in Prague, which is handling the appeal, on Tuesday.

In his closing statement in municipal court in February, Babis called the charges false and denied any wrongdoing. He reiterated that the reason for separating Coffee’s nest from Agrofert was to implement the project as a family business. Nagyova has also denied wrongdoing. Sharoch proposed conditions and monetary penalties for both.

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