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Czech Bar Association reviews extremist's defense attorney, distances itself from intolerance

22 October 2012
3 minute read

The board of the Czech Bar Association (Česká advokátní komora – ČAK) reviewed the case of attorney Petr Kočí today. While representing a client before the court in Most, Kočí filed an objection against an expert witness alleging bias because of his Jewish origin, among other arguments. The leadership of the bar has distanced itself from all manifestations of national, racial and religious intolerance but has not given its opinion on this specific case. Iva Chaloupková, spokesperson for the professional organization, told the Czech Press Agency that the lawyer’s procedure will be reviewed by the ČAK’s Audit Council.

Kočí was representing Lucie Šlégrová, a member of the Worker’s Social Justice Party (Dělnická strana sociální spravedlnosti – DSSS) who is on trial at the District Court in Most. Through her attorney, Šlégrová complained that Michal Mazel, the expert who said the statements she made to a public gathering in Litvínov promoted anti-Semitism and Nazism, was biased. She argued that Mazel is financially dependent on the police, is active in the TOP 09 party, and is of Jewish origin.

Chaloupková previously said the chamber had received many complaints about Kočí’s arguments from other attorneys. Today the ČAK board endorsed the statement made by its secretary, Ladislav Krym, last week. Mr Krym spoke out against manifestations of intolerance. “The circumstances of any specific case, however, must be and will be reviewed by the appropriate auditing authority and if necessary by the disciplinary authority of the Czech Bar Association. The ČAK board does not have the power to decide this matter at this level,” the spokesperson said.

Chaloupková said the Audit Council should discuss the case within the next few weeks. Should it come to the conclusion that the attorney has committed an offense, a disciplinary proceedings will begin.

Kočí has defended himself by saying he was representing his client’s interests. “When performing advocacy, the justified interests of the client take precedence not only over the attorney’s own interests, they also take precedence over deference to other attorneys and anyone else,” Kočí said last Thursday. He added that he had never claimed people of Jewish origin could not perform the role of expert witnesses. However, in his view, they probably cannot be impartial when evaluating right-wing extremism. Mazel’s alleged Jewish origin was deduced by Kočí and Šlégrová from his surname, which they say comes from the Hebrew name Moshe.

Kočí said the main reason he alleged bias was that the expert witness overcharged for his affidavits and is economically dependent on the police. The attorney argued, for example, that Mazel had invoiced 690 hours of work in less than 50 days and received more than CZK 300 000 for it. The expert, who helped convict the Vítkov arsonists, among others, said Kočí’s claims were lies and that he would be taking legal action to defend himself. Mazel said his primary income is from his work as an attorney and that the affidavit had been produced by all of the staff at an expert institute.

Mazel has already resigned from his position as an expert witness. Among other reasons, he said he would not have been able to address the personal disputes he is now engaged in with extremists without compromising his impartiality. Mazel said the main reason for those disputes and his resignation is the constant attacks he has been subjected to by right-wing radicals.

Kočí’s objection to Mazel has caused a public uproar. The chair of the Czech Constitutional Court, Pavel Rychetský, spoke out forcefully against it in the media. On the other hand, Pavel Hasenkopf, an adviser to Czech President Václav Klaus, has publicly stood up for Kočí.

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