A Surprise Ruling That Really Wasn’t A Surprise

Michael Hedges September 9, 2020 - Follow on Twitter

The wheels of justice turn slowly but grinds exceedingly fine, goes the expression paraphrasing Greek philosopher Sextus Empiricus. In our times it is understood that those wheels sometimes fall off. Conflict between investigative reporters and those investigated can turn deadly. Impunity appears. Lights dim further but are not extinguished.

A week ago a Slovak district court found millionaire Marian Kocner innocent of masterminding the murders of reporter Jan Kuciak and his fiancée Martina Kusnirova in February 2018. “The crime was committed, but it has not been proved that Marian Kocner and (accomplice) Alena Zsuzsova ordered the murder,” said judge Ruzena Sabova. “The court therefore acquits the defendants.” Mr. Kocner was, though, found guilty of a related firearms violation and fined. He remains in prison on an attempt to extort funds from television channel TV Markiza. Three other defendants in the case received 25 year sentences. On release from the charges Ms Zsuzsova was immediately arrested for other murder-for-hire charges.

There was, expectedly, shock all around. The Kuciak and Kusnirova families walked out of the proceedings ahead of the judge’s final words. Slovak President Zuzana Caputova expressed “shock” at the verdict, offering that the ruling could be overturned by the Supreme Court. State prosecutors indicated an appeal would be forthcoming.

Jan Kuciak, an investigative reporter for Slovak news portal aktuality.sk, and Martina Kusnirova were shot to death in their home. The murders outraged Slovakia. Massive demonstrations across the country called for justice and, inevitably, resignations of politicians suspected of slow-walking the investigation. A press conference by Prime Minister Robert Fico displaying stacks of supposed reward money was widely derided.

Mr. Kuciak had been investigating the dodgy business dealings of Mr. Kocner as well as relationships with the notorious ‘Ndrangheta Italian mobsters and officials aligned with the Slovak SMER-SD political party. The posthumous publication by aktuality.sk of Jan Kuciak’s final documents were damning. PM Fico resigned along with Interior Minister Robert Kalinak and Police President Tibor Gaspar.

"I have to have confidence in justice, but this time it was not satisfied," said aktuality.sk chief editor Peter Bárdy, quoted by Czech news portal aktualne.cz (September 3). “My brain is unable to accept it and explain it in any sane way. The President of the Senate must see that the amount of evidence that has been gathered in connection with the murder of Ján and Martina is so great that Kocner and Zsuzsova are convicted of their support for their murder.”

“I must have confidence in justice,” continued Mr. Bardy. “Because otherwise I couldn't do the work I do. The fact that I am a journalist and that our editorial office specializes in investigations and cases is based on justice, law and the fact that this state is governed by law.” Days after the murders executives of Ringier Axel Springer, publisher of aktuality.sk and aktualne.cz, visited then-PM Fico in Bratislava to clarify that investigations would continue. The OCCRP submitted “several terabytes of material” to prosecutors.

“The verdict is shocking,” Reporters sans Frontieres (RSF) EU/Balkans desk head Pavol Szalai in a statement (September 3). “The acquittal of the accused mastermind and intermediary is evidence of a huge failure of the investigation bodies and the judiciary. We expected Slovakia to set a positive example in the prosecution and condemnation of the crimes against journalists. Instead, we remain in a situation of impunity.”

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• Hot Topics - Media in Slovakia

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