Branislav Dunčko (l) and Róbert Magula (r) (source: Jozef Jakubčo)
Prosecutors working with the Interior Ministry’s police inspectorate have failed for a second time to convince a court to remand former National Crime Agency (NAKA) detectives Branislav Dunčko and Róbert Magula into custody. On December 13, the Bratislava Regional Court upheld, on appeal, a first-instance district court decision from last week that allows the two sidelined officers to remain at liberty while facing charges, the daily Sme reports.
Dunčko and Magula are accused of obstructing justice by allegedly attempting, in July 2021, to thwart the arrest of members of the Takáčovci organised group Matej Zeman and Csaba Dömötör, as well as businessman Peter Petrov, nicknamed “Tiger.”
The decision was made by a senate led by Peter Šamko, a member of the Judicial Council, alongside judges Danica Veselovská and Mária Šimková. The latter two also ruled in 2021 against remanding former NAKA investigator Ján Čurilla and his colleagues, citing insufficient grounds. This earlier decision marked the onset of the so-called “war in the police” – a conflict within Slovakia's law enforcement organs that erupted when the police inspectorate made counter-allegations against police investigators who had laid corruption charges against members of the former governing party Smer (which returned to power last year), as well as officials and businesspeople close to it.
On Friday, the senate unanimously echoed concerns raised by the lower court, deeming the charges premature and based largely on flimsy evidence. Central to the case is Petrov’s testimony, which Šamko noted relies on hearsay from Zeman. The court criticised such secondhand evidence as insufficient for substantiating criminal charges.
Magula’s charges faced even harsher scrutiny, as the court highlighted that he is already being prosecuted for the same actions in a separate case involving a group of former police investigators led by Ján Čurilla.
Prosecutor Marek Mezei had sought to have Dunčko and Magula held in custody, citing the supposed risks of witness tampering. His efforts were dismissed at both judicial levels. The first-instance judge, Ján Golian, even questioned whether there was sufficient evidence to show that any crime had even taken place.
After the regional court endorsed Golian’s stance, Mezei stated he would review the court’s reservations before deciding on next steps. The investigation remains ongoing, though neither the charges against Dunčko and Magula, nor their complaints, have been resolved.
The former officers, visibly relieved after Friday’s ruling, expressed their delight at the outcome.
