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Czech appeals court overturns lower court verdict in the case of a brawl at a public pool because important witness testimony is missing

19 February 2023
2 minute read
Public pool brawl
David Michajlak shortly after the incident in 2018 and the defendants arriving in court, May 2021. (Collage: Romea.cz)
CNN Prima News has reported that a regional-level appeals court has overturned the first-instance verdict from a district court in the case of a brawl at a public pool in the town of Dubí in the Teplice area in 2018 because important witnesses were not heard in court. The entire case is being reopened and has to be reviewed again by the Teplice court.

The incident, which sparked anti-Romani, racist reactions on social media, took place on 7 August 2018. An adult female visitor to the pool who is “white” decided to chastise a child who, according to the court records, was said to be pushing another child underwater. CNN Prima News has reported that a regional-level appeals court has overturned the first-instance verdict from a district court in the case of a brawl at a public pool in the town of Dubí in the Teplice area in 2018 because important witnesses were not heard in court. The entire case is being reopened and has to be reviewed again by the Teplice court.

Žaneta Dunková, a Romani woman who is not the mother of the chastised child, stood up for him. Another adult visitor to the pool, David Michajlak, inserted himself into the argument between Dunková and the “white” woman and attempted to keep the women away from each other.

Other Romani adults (who were later charged) decided to defend their female relative. Michajlak ended up in the hospital with moderately serious injuries.

In May 2021, the District Court in Teplice decided that Jiří Demeter and Roman Dunka would be sent to a maximum-security prison for one year for conspiring to intentionally commit bodily harm and disorderly conduct. Other participants in the conflict, defendants Michal Dunka and Radek Čonka, were put on probation for two years.

Dunková herself was given 18 months’ probation for the offenses of disorderly conduct and making dangerous threats. During the course of the investigation the names and contact information of several eyewitnesses were obtained who had something to say about the case, but their statements were never taken, which is why the Regional Court has now overturned the original verdict.

The attorney for defendant Dunka, Miroslav Peva, said he agrees with the appeals court’s decision. On the other hand, the prosecutor is seeking stricter sentencing for all of the defendants.

Those who will be retried did not much want to comment on the entire matter, briefly communicating the following to CNN Prima News: “We never beat anybody up, we don’t do stuff like that.” The case is being reopened and the court in Teplice will review it once more.

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