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One more time, again and again. And that with reconstruction. This is how the verdict of the Regional Court in Pilsen can be summed up, which overturned the decision of the district court and returned the case of the previous year’s attack on two Ukrainian women on a pilgrimage in Plasy for a new trial.
The operator of fairground attractions, Zdeněk Holzknecht, was convicted in the first instance for disorderly conduct and received a six-month suspended sentence with a probationary period of 18 months. All three parties – the injured Ukrainian women, the convict and the public prosecutor – appealed against the verdict. And they succeeded.
The list of reports has the resolution of the regional court at its disposal. This is somewhat critical of the work of the Pilsen-North District Court.
“The evidence is not yet complete and it will be necessary to supplement it, especially by carrying out a reconstruction at the scene of the crime with the participation of the defendant, both victims and witnesses,” the resolution reads. The regional court considers that the photo documentation and the sketch do not show how the situation at the crime scene was going at the time of the incident. It is the reconstruction of the entire case that the regional judges consider to be essential evidence that the district judges should not have neglected.
“All participants in the reconstruction should be given space to describe their version within it,” states the appeal panel.
The judges then focus in detail on how the reconstruction of the crime should look. Using extras, sails, scenery and other objects to approximate the location of the stands and attractions at the time as faithfully as possible. Including the location of the stroller and the children present. If the trees have grown, the judges recommend cutting the lower branches. The defendant should appear with the same car and trailer as at the time of the attack. If it is not available, they call for the arrangement of a vehicle of similar type and dimensions. Everything must be recorded on camera. In the text, there is a repeated appeal to find out and verify the “prospect options” of the actors.
Fall on the lawn and pass out
As a reminder. The incident took place on the evening of August 13, 2023, at the end of the pilgrimage in Plasy. Zdeněk Holzknecht drove his car to assemble attractions, but two Ukrainian women with children sitting by the skating rink got in the way, according to him. At this point, the statements of the actors differ.
“The accused got out of the vehicle and, after finding out that they were Ukrainian women, shouted at them Ukrainian swine, Ukrainian blood, Ukrainian brushes, get out. Subsequently, he came to the victims and for no reason hit the younger one of them with an open palm in the face at least three times, then grabbed her by the hair and pulled her by the hair until she tore out a tuft of hair. The woman fell on the lawn and remained lying motionless.” was heard in the indictment during the court hearing in June 2024.
In contrast, Zdeněk Holzknecht claimed in court that he did not use such harsh vulgarities and did not commit any blows against women.
“I got out of the car, told them that I needed to pass. They shouted at me. I don’t know what at all. According to the intonation, they were swear words. I also threw some swear words: ‘Stupid Ukrainian women, go to the side’,” he said in court. The verbal conflict escalated into shoving, when the older of the women allegedly climbed into his car. Holzknecht interpreted this to mean that she wanted to drive away with him and steal the vehicle.
“So I tried to pull her out of the car. Three or four people got involved. I don’t know them, probably workers from the attractions. One of them got into the car, took the keys out of her hand and took them to me. The younger lady punched me in the back of the neck,” he said in court. He says he does not know why the younger of the Ukrainian women was left lying unconscious on the ground after the incident.
Incident because of nationality?
The regional court further requests the district court to better evaluate and substantiate the different statements of individual actors. For example, he considers the beginning of the dispute to be unclear.
“The defendant defends himself by saying that he could not pass the place where the victims were. The victims, on the other hand, claim that they did not obstruct him. The versions mentioned must be checked,” the resolution reads.
The regional court also stops short of assessing the credibility of the attacked women who were under the influence of alcohol.
“The regional court, just like the district court, finds doubts about the specific credibility of the two questioned witnesses. However, this does not mean that their statements could not be one of the bases for the factual conclusions of the district court,” points out the president of the court panel, Simona Kuboušková, in the resolution.
The question of whether or not the conflict was provoked due to the nationality of both women seems insufficiently answered. He points to the fact that Zdeněk Holzknecht himself admitted in court that he insulted women with the epithet Ukrainian.
“It will be up to the district court to deal with this issue again, to respond to the defendant’s defense as well as to the objections of the public prosecutor and both victims,” the resolution reads.
Currently, this is a so-called alive case after the annulment of the final decision. The next meeting of the district court has not yet been published.
