The subject of the lawsuit is the statements made in the Chamber of Deputies in July 2018 during the negotiations on the expression of confidence in the government. Babiš set out for Kalousek after he said that the Prime Minister had falsely sworn to the health of his children in the Stork’s Nest case. “You are afraid of people with different opinions, you whine, whine, you swear falsely about the health of your children, you cheat and whine,” Kalousek told Babiš. The prime minister countered with a statement: “He stole the Ministry of Defense and killed people by parachute,” and called Kalousek a “drunkard” and a “thief-thief.”
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Babiš’s lawyer in court called his client’s statements in court on Friday as a certain abbreviation, which he said is the result of a long-term criticism of Kalousek’s behavior at the Ministry of Defense.
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“It was just a matter of pointing out what had been here for a long time,” he added, adding that even this case of parachutes had already resonated in society, and so the citizens naturally reacted to it. For example, he read the older article “You have blood on your hands” for all of them. According to Urbanek, this statement, like Babiš’s words, was supposed to be a certain exaggeration referring to the political responsibility of individuals. Therefore, it should not have been anything that Babiš himself would have started.
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“When I tell someone that he killed someone, I assume that it may be a criminal liability,” said Judge Simona Kačerová.
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However, Urbánek insisted that the essence is a free debate in the Chamber of Deputies, which has its own specifics.
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Criminal prosecution for voting and speeches in the lower house is prevented by the so-called indemnity, but an action for the protection of personality is possible without the deputy’s extradition.
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Babiš’s lawyer: A useless court
Urbánek subsequently described the whole case as superfluous, with Kalousek having to turn to the Credentials and Immunities Committee, as previously pointed out by the lower courts, whose decisions were returned to the beginning of the trial by the Supreme Court in April.
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“We are not in a political debate,” Kalousek’s lawyer Stanislav Balík began, saying that he considered the statements about the theft of the ministry to be sufficiently clear, not an abbreviation.
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At the same time, he rejected the proposed procedure, stating that it was not a question of Babiš’s legal disability, but of proving the falsity of the statements. “To make it clear once and for all that Kalousek did not steal any ministry and did not kill any soldiers,” he said in court.
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He further reminded that during the then meeting of the Chamber of Deputies, the Minister of Defense Lubomír Metnar (from ANO) also confirmed that no death or material damage was recorded in Kalousek’s relation to the death of soldiers or paratroopers.
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Kalousek slapping shot
“You could say that it was an reaction of emotion to emotion,” Balík continued.
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But while, according to him, Kalousek always had substantiated statements or evaluations on a specific matter, Babiš was not telling the truth.
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In addition, the prime minister has long to place his client in the position of “advertising comic book character with a negative focus”. He only mentioned by chance Babiš’s comparison of Kalousek to a symbol of corruption or the claim that he does not like pensioners.
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According to him, the defendant’s words were not related to the then debate on expressing confidence in the government or its performance of the mandate. On the contrary, it was supposed to be personal attacks, which, in addition, were broadcast live on ČT 24, and so the statements reached the general public.
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As he further stated, he considers that Kalousek’s image in society was significantly damaged by the given statements. Urbánek reiterated that these were long-known cases.
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Kalousek’s lawyer now demands not only an oral but also a written apology, as according to him it is possible that at the time of the execution of the verdict, both politicians will no longer be members of the Czech Parliament. Kalousek has previously announced that he will not run in the next parliamentary elections in 2021.
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If the action was successful, Kalousek, through his lawyer, announced that he would also waive his right to reimbursement of costs.
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The court is due to deliver a verdict on Friday, September 18 at 11 a.m.
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