The court took over the premises in Rabyn, which belonged to Smetek of H-System
The district court has dealt with the prosecutor’s proposal to occupy the complex several times. He last rejected it at the beginning of last June, but the resolution was overturned by the Prague City Court of Appeal on the basis of the plaintiff’s complaint.
According to the plaintiff, Fabinger acquired the site illegally. The property was built by the police and was to fall to the damaged clients of the tunneled H-System. Due to a suspicious auction, Fabinger faced criminal prosecution, which was stopped due to the statute of limitations. The plaintiff considers the premises to be the proceeds of crime. The land was auctioned for 29 million crowns, but according to estimates, the value of the area was more than 60 million crowns.
Judge Daniela Reifová said in June that Smetka owned the land at the time the H-system case did not take place, so it was only a matter of “shuffling” his own property. According to the judge, obstructing the execution of the official decision of which Fabinger was accused is not a property crime, so that the proceeds of crime cannot be mentioned.
The court has been dealing with the case since 2018. At first, it rejected the motion; At that time, she stated that the actions of the executor Daniel Týč, who sold the complex to Fabinger, could have fulfilled the characteristics of a crime. However, the Supreme Court annulled the decision, and according to Reif, took the view of Tyc’s activities that the executor had not committed any crime. The pole was charged with the auction, but its prosecution was stopped.
Smetka founded H-System in 1993, after which the company concluded contracts with hundreds of interested parties for the construction and transfer of flats and houses in the vicinity of Prague. In the fall of 1997, however, it went bankrupt when it managed to complete only 34 houses. Due to the collapse of the company, at least 1,095 people lost more than 980 million crowns. The courts sent the litter to prison for 12 years, in October 2016 he was released.