The indictment alleged that Nečas had revealed the contents of the BIS report to Rittig’s lawyer and that the lobbyist had been able to take steps to cover up his influence on state bodies and institutions.
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“The conclusions of the court of first instance can be accepted and it is appropriate to acquit the defendant,” stated the chairman of the Board of Appeal Viktor Mach in a brief statement of reasons for the decision.
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Nečasová was the chief chief of the cabinet of Prime Minister Petr Nečas (ODS). According to the indictment, Rittig learned from her in 2012 about classified material sent to the Prime Minister. He allegedly concluded that the BIS report concerned him, so he sent lawyer Michal to Hrzánský Palace for a meeting with Nečasová.
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The Municipal Court in Prague found the trio guilty for the first time, and the second time – after the retirement of the original chairman of the senate – ruled the opposite. He stated at the time that the acts described by Rittig and Michal were not criminal offenses because it had not been possible to prove that the men had in fact learned of the contents of the classified documents. According to the court, Nečasová did not even prove that the act happened at all.
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Prosecutor Rostislav Bajger demanded a three-year prison term for Nečasová, and proposed conditions and fines for both men. He told reporters that he could not accept the acquittal verdict. An appeal may be lodged against a final judgment.
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The key evidence of the indictment was the wiretaps of Rittig’s meeting at the Ventana Hotel in Prague. Advocates insisted that the recordings could not be used because the police had made them while investigating another case.
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However, taking into account the recent decisions of the Supreme Court, the Board of Appeal concluded, as before, the Municipal Court that the wiretaps were applicable.
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The trio denied guilt, Rittig called the indictment absurd. The defendants’ lawyers pointed out, among other things, that information about Rittig’s influence in the Ministry of Agriculture was not secret, as journalists had written about it before.
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