Gábor Tóth

 

Who managed the BKV investigation

 

Gábor Tóth was born in Kalocsa, October 28, 1966. He graduated in Bólyai János Military Technical College then he completed the criminal academic expertise in the Police Officer College and ELTE Faculty of law. He started his career as a military prosecutor investigator in 1988; he served in five different districts in Budapest as a detective, deputy chief of investigation division, deputy chief of criminal division and as the chief of the police station between 1990 and 2003. He had been working as the criminal deputy chief of the Chief of Metropolitan Police of Budapest between 2003 and 2007. (The Metro Police Chief couple are expecting a baby – Vevet, 02.02.2008) He became the Chief of the Metropolitan Police in 2007. (Gábor Tóth has been elected as Chief of Metro Police – Index, 06.06.2007) He was dismissed in July 2010. (Metro Police Chief dismissed – Origo, 01.07.2010) After his dismissal he became the member of the reserve staff but he asked for retirement in December. (Former Metro Police Chief asked for retirement – HVG.hu, 02.12.2010) After his retirement he continued his activity in Tarlós’ team as the manager of the public safety work-group of the Metropolitan Municipality. (Former Chief dismissed by Pintér continues in Tarlós’ team – Origo, 29.04.2011)

 

Gábor Tóth was the Chief of the Metropolitan Police from June 2007 till July 2010. (The Metro Police Chief couple expecting a baby – Vevet, 02.02.2008) He filled this position during the second administration of Ferenc Gyurcsány and the administration of Gordon Bajnai. Due to Fidesz’s standpoint the leaders appointed by Ferenc Gyurcsány were unable to make the police morally renew. (Gábor Tóth has been elected as Chief of Metro Police – Index, 06.06.2007) Even policemen did not expect so much from the new Chief. (Policemen expect no great future to the successor of Gergényi – Origo, 06.06.2006) Bajnai however was contented with Gábor Tóth’s job since he declared in the ORFK commander staff meeting of 2009, May that the police is in a very good condition. Gábor Juhász under-secretary of justice and policing was also attending the meeting. (Bajnai: Police does a great job – Index, 12.05.2009) 

 

Juhász was the political under-secretary of internal affairs of Ferenc Gyurcsány between 2004 and 2006. He was invited to the first half-year work report of Gábor Tóth new Chief of the Metropolitan Police in September, 2008. (BRFK report on the first half-year job of Gábor Tóth Police Chief – police.hu, 17.09.2008) Tóth and Juhász supported together to keep Zoltán Bozsó BRFK Deputy-Chief in his position who was accused with disobedience. (Police leader charged with disobedience against order became Saturday’s general chief – hunhir.hu, 10.07.2009)

 

Juhász was then appointed to the position of Secretary of Civil Intelligence by Bajnai in September 2009. Bajnai justified his decision that secret services and the police need closer coordination. (Gábor Juhász for Secretary of Secret – Index, 10.09.2009) By taking his oath Juhász underlined that it is important to increase the cooperation among the services and other organizations. (Gábor Juhász new Secretary of Secrets took his oath – Origo, 21.09.2009)  

 

The career of Endre Jónás former employee of the secret service and counter-intelligence gives a good example to the interlacement. He became the deputy general director of the Coordination Centre against Organized Crime in 2005, later acting director and then he was appointed to the position of general director until the Summer of 2010. (Homepage of the Office of Constitution Protection – Dr.univ. Endre Jónás)

 

György Pető also pulled closer the relation between the police and the secret service. Due to a report, BRFK (Budapest Police Dept.) managed by Gábor Tóth recruited informants under Bété and Huszár code names before the municipality elections. (Managers forming informant network – Index, 17.03.2011) Pető, former counter-intelligence agent also former socialist deputy mayor of Óbuda was the recruiter. He also helped the investigation in BKV-case after he started to work at BRFK. Thanks to his assistance, investigation was initiated in the first-half of 2010 regarding the abuses committed at metropolitan public utility supplier companies. (http://index.hu/belfold/budapest/2011/03/17/informatorhalozat_fovarosi_c... Managers forming informant network?] – Index, 17.03.2011] Pető’s – who is considered as an antipode to Hagyó – political life and his known conflict with Miklós Hagyó former Deputy Mayor lights the BKV investigations managed by Gábor Tóth in a different way. (Socialist politician helps the BKV-investigation – mandiner.hu, 11.03.2010) Népszabadság daily wrote during the Spring of 2010 that Hagyó’s failure could have been caused by his antipode. (Hagyó’s failure by his counter-intelligence antipode – Népszabadság online, 11.03.2010) The connections and role of Gábor Juhász show us that the investigation had homeland security threads as well. (Hagyó’s antipode hired by BRFK – Index, 11.03.2010) 

 

As Police Chief Gábor Tóth declared in 2008 the police’s moral standard is higher than the civilians’. (Gábor Tóth: the moral is standard of police is higher than the civilians’ – hvg.hu, 22.07.2008) Despite of this, he was charged with misappropriation on 2nd April 2010. (Anonym report launched against Metropolitan Police Chief – Origo, 02.04.2010) The Central Investigation Prosecutor’s Office ordered an investigation in 6th April 2010 relating certain contracts concluded by BRFK. The report against Gábor Tóth objected a contract concluded by and between BRFK and a civil guard association. (Prosecutor’s Office ordered investigation in BRFK contracts – HVG.hu, 06.04.2010) Géza Fazekas, spokesman of the Central Investigation Prosecutor’s Office said that they did not started new proceedings since these are examined in the investigation ordered on the basis of the original report. Gyula Sipos, director of economic department of the police was unreachable for days thanks to different reasons. (The director of ORFK involved in suspicion doesn't have time – Origo, 06.05.2010)

Another report was launched against Tóth soon after 23rd April in connection with the advisory contracts of BRFK. It was stated that BRFK concluded an agreement on training with a company which had no required accreditation. Besides, allegedly a motorcycle given by the company to the police was used by Gábor Tóth for his private purposes. (New reports against Metro Police Chief – HVG.hu, 23.04.2010) One of Tóth’s favorite hobbies is riding a motorcycle for sure as he confirmed. (Intellectual police chief may come after Gergényi – Origo, 11.06.2007) Later the Attorney’s General Office ceased the proceedings against Gábor Tóth simultaneously with taking the BKV-case from BRFK. (Tarlós trusts the police chief dismissed by Pintér – HVG.hu, 29.04.2011)     

 

Gábor Tóth initiated a proceeding against BKV on 1st September 2009 regarding its advisory contracts. BRFK launched criminal proceeding despite of the fact that two internal inspections of 2008 declared that the contracts of the affected period are ok. The Supervisory Board accepted the inspection of the Internal Inspection Department with respect to the inspection which contains the whole advisory circle and there was no such conclusion which may lead to further act. (Gábor Székely’s brief on the inspection of BKV advisory contracts – official website of Miklós Hagyó) The ordinary General Meeting of October 2008 accepted the brief sent by Zsolt Tiba former Metropolitan Notary (Zsolt Tiba’s brief on the fulfillment of the decision of the Metropolitan General Meeting – official website of Miklós Hagyó); the brief contains attachments which were the inspection reports of each contracts concluded by and between BKV and AAM Zrt. This was also accepted by the General Meeting. (Gábor Székely’s brief on the AAM Zrt. contracts – official website of Miklós Hagyó)

 

Consequently, although there was no condemnatory internal inspection before 2008, Gábor Tóth informed the general manager of BKV, István Kocsis about the continuation of the criminal proceeding on 1st September 2009, a day after Hagyó resigned from BKV professional supervision (Miklós Hagyó resigns from the supervision of BKV – Népszabadság online, 31.08.2009). In his letter he asked – in order to help the investigation – for sending him the analyses on the advisory companies and the suspicious advisory contracts at BKV. (Gábor Tóth Police Chief’s letter to BKV, 01.09.2009 – official website of Miklós Hagyó)

The press snapped up another BKV-case on 3rd September. It was revealed that Bajnai’s advisor’s former company concluded a mandatory contract with BKV of HUF 315 Million for three years. (Newest BKV-case: 315 Million Forints contract to former company of Bajnai’s advisor – hirado.hu, 07.03.2009)  

 

Not having waited for the reply of BKV, BRFK send another letter to the legal department of BKV with a detailed list on private persons and companies who and which could have been concerned by the suspicion of misappropriation. (BRFK’s request list to BKV – official website of Miklós Hagyó) However the company connected to Bajnai is not in the list. (Newest BKV-case: 315 Million Forints contract to former company of Bajnai’s advisor – hirado.hu, 07.03.2009)

 

The 168 Óra magazine already predicted the BKV-case’s script at the end of September 2009. They wrote down at that time that the inspection of BKV contracts would gain “juicy details” during the campaign. Even Zsolt Balogh acting general manager of BKV was designated with “nokia” indicator at that time. (Corner technique of a politician – 186 Óra online, 28.09.2009) In January 2010, 90 days prior to the elections the campaign was started. BPPD (Budapest Police Dept.) managed by Gábor Tóth initiated the pretrial detention of Eleonóra Szalainé Szilágyi HR director of BKV in 7th January. The information published on the website of the police said that more interrogations are expected in the future. (BKV former HR director in pre-trial detention – Népszabadság online, 07.01.2010)

On the 9th January the police took Éva Horváth former spokeswoman of Hagyó into a short-term arrest. She was taken by the detectives from her home in the morning and was released after her interrogation around 11:00 a.m. (Hagyó’s former spokeswoman suspected with misappropriation – Origo, 08.01.2010) Tibor Zelenák former head of communication department was also charged on 2nd January. (Another ex-BKV manager suspected – hvg.hu, 12.01.2010) (Another ex-BKV manager suspected with misappropriation – hvg.hu, 12.01.2010) During the day of 22nd Miklós Regőczi former and Tibor Bolla deputy general managers were interrogated as suspects. It was quite probable that the next suspect would be Zsolt Balogh former acting general manager. (Another two BKV manager became suspects – Magyar Nemzet online, 22.01.2010)

Police occupied again BKV’s headquarter in the VII district in the morning of 26th. Press duty of BRFK said that the police did some investigative action in Akácfa Street. (BKV headquarter occupied by police – Origo, 26.01.2010) During the perquisition the detectives collected all the advisory contracts signed by Balogh and Antal. Police took Attila Antal – appointed to the position of general manager of BKV in 2006 - into custody at that day with the suspicion of misappropriation. (Attila Antal in custody – Index, 26.01.2010) With reference to close police source ATV NEWS brought to public first in 30th January 2010 that both Antal and Balogh took incriminating testimony against Hagyó. (Incriminating testimony against Hagyó - atv.hu, 30.01.2010)

On 3rd February another three new suspects came to the picture in BKV-scandal. BRFK detectives interrogated György Tóthfalusi, SZDSZ Chairman of BKV board of directors; Ernő Mesterházy, senior advisor to Gábor Demszky and László M., manager of a communication company. Furthermore, the police interrogated again Miklós Regőczi, Tibor Zelenák and Éva Horváth suspected before. Mesterházy, Zelenák and Regőczi were taken into custody at that day. (BKV: Mesterházy, Zelenák and Regőczi in custody – Index, 03.02.2010) Hagyó was taken into custody in 14th May 2010 when his immunity ceased together with his press-man Ottó Lelovics and Éva Horváth. (Miklós Hagyó and two associates in custody – hvg.hu, 14.05.2010)

The police took Hagyó into pre-trial detention due to the fear of escape despite of the fact that Hagyó gave no reason for that behavior as it was declared in Strasbourg decision. Due to the decision of the European Court of Human Rights the Hungarian authorities infringed the right to freedom and security, the prohibition against inhuman treatment, the right to family life and the right to appeal. (Legal brief in Hagyó vs. Hungary case by Dr. András Kristóf Kádár attorney-at-law (case 52624/10, .pdf – official website of Miklós Hagyó, 23.04.2013)

 

Later, when the investigation reached politicians, Gábor Tóth Metropolitan Police Chief admitted the existence of the data which indicated the risk of escape in case of Hagyó and this was the basis of the pre-trial detention: “There was such information that Mr. Hagyó would travel to abroad before being interrogated” (Police Chief on BKV issues: anything could happen – Népszabadság online, 26.05.2010)

In spite of this, lawyer of Hagyó indicated to BRFK before the pre-trial detention that his client is at the authorities’ disposal at anytime and anywhere. (Letter to Col. Mihány Bezsenyi, dated 11th May 2010, delivered personally .pdf – official website of Miklós Hagyó) However Miklós Hagyó was taken to pre-trial detention on 17th May 2010 ordered by the Central District Court of Pest regarding the BKV-case. The most severe forced action was appealed by the lawyer of Hagyó but the Prosecutor’s Office rejected the appeal on the basis of the above mentioned data. (A case being pulled out of constitutional rights? – Éva Kádár .pdf – jogiforum.hu) Mária Szívós automatically confirmed three times the pre-trial detention against Hagyó. She also referred to that certain police report which contains a data on the intention to escape. (Winners of BKV-case: Mária Szívós Constitutional Judge – Hagyó dossier, 27.08.2012) Despite of Gábor Tóth’s declaration this certain data has not been disguised yet.

 

It was 23rd February 2011, when Hagyó was taken to pre-trial detention and the ordering decision stated that there was no data on escape. (Decision 21.Bnf.470/2011/2 of Metropolitan Court as second instance on taking Hagyó to pre-trial detention.pdf – official website of Miklós Hagyó, 23.02.2011) The court of second instance – in its decision of 10th June 2011, by which Hagyó was released – declared that there is no such data in the documentation of the investigation. (Decision 31.Bnf.1448/2011/2 of Metropolitan Court as second instance .pdf – official website of Miklós Hagyó) Furthermore, the decision of the European Court of Human Rights in Strasbourg also misses this certain data. The Strasbourg decision declared the unacceptable conditions of Hagyó’s pre-trial detention. (Strasbourg Court agreed with Hagyó – Index, 23.04.2013) It is still unknown what kind of data Gábor Tóth talked about.

 

ATV.hu also published besides the confessions against Hagyó that the Central Investigating Prosecutor’s Office undertook the investigation of BKV-case as the case has serious political links. Spokesman of BRFK however declared “we are doing and will do the investigation.” (ATV: Former BKV managers confessed against Hagyó – Index, 30.01.2010)

BKV-scandal took to a higher weight class on 21st May 2010. The Central Investigating Prosecutor’s Office undertook the case but they underlined that the investigation shall go on in cooperation with BRFK. (BKV-scandal to heavyweight class – 168Óra online, 21.05.2010)

In parallel the Prosecutor’s Office closed the proceeding against Gábor Tóth which was previously initiated against him on the basis of misappropriation.  (http://hvg.hu/itthon/20110428_tarlos_pinter_altal_elkuldott_forendorben - Tarlós trusts the police chief dismissed by Pintér – HVG.hu, 29.04.2011)

On 26th May after Hagyó was taken to pre-trial detention Gábor Tóth gave another interview. He said that no higher ranked politician than the former Deputy Mayor has been involved in the cases so far. (Gábor Tóth: The links of the corruption cases reach only Hagyó – mr1-kossuth.hu, 26.05.2010) Although he added that anything could happen: “We don’t know either me or my colleagues that what kind of evidences emerge during the investigation, what kind of confessions would be or what kind of consequences we could find.” (Hagyó-case – always the same method – stop.hu, 26.05.2010)

 

The confessions taken on the trial in Kecskemét were against the confessions taken during the investigation although Gábor Tóth confidently declared. He confirmed that they hold the investigation in their hand and was talking about new evidences, investigative confessions and therefore new conclusions.

Most of the accused and the witnesses withdrew their investigative confession and took a new one in the court. They admitted that they took confession because of being threatened by the police. As they said the police forced them to take such confessions against others in return of being free. (Hagyó-trial comes to an end – the accusation stops tearing apart this year – Népszava online, 13.12.2012)

 

Ernő Mesterházy former top advisor of Gábor Demszky attacked the detectives in the trial and he considered the fact that he must be in the trial as a deeply illegal action. He indicated that he simply could not understand the reason of being there, which trial he considered as a “conception proceeding which’s goal is to undermine his life” (Hagyó-case: Mesterházy attacked detectives – Index, 20.09.2012) He added that the interrogation had been lasted for 11 hours according to the minutes but its result was only 2 pages, the police degraded and inhumanly forced him to take confession against Hagyó and if he had done so he would have been released from the custody. (http://hagyomiklos.com/?q=hu/node/58 Ernő Mesterházy’s confession at the court – official website of Miklós Hagyó)

Attila Antal, former general manager of BKV had been complaining because of police abuse and pressure. He asked Miklós Hagyó, Gábor Demszky and Ernő Mesterházy for forgiveness since he confessed against them during the police interrogation. Due to his lawyer the police made it clear during the interrogation that they do not want to hear about professional issues, questions, what they wanted is some information about Hagyó and Mesterházy. Confessions were made upon the request of the police and for the sake of not being arrested he agreed with the content of the minutes, which corresponds to the will of the police. (Attila Antal complaining to police pressure – Index, 02.09.2012)    

 

Zsolt Balogh – who provided the base of the indictment – also withdrew his confession. “I am not a hero. I did not want more than go home.” (Zsolt “NOKIA” Balogh charging Prosecutor’s Office) He added like his accused-mates that he did the investigative confessions under pressure yet he declared in the press – inter alia the Nokia-box – just to avoid the jail. He remembered when 4 detectives interrogated him while his defense was performed by a trainee-solicitor. Due to his standpoint it is clearly seen from the minutes that accused others discursively, without questions. (BKV-trial: Former general manager – giving the basis of the indictment – withdrew his previous confessions – Népszava online, 09.10.2012)

Ottó Lelovics, former press-man of Hagyó disguised a hardly covered police threat on the trial of Kecskemét. According to his statement … (BKV-trial: ”Take more stuff, you’ll be in for a long time”  - Népszava online, 30.10.2012)

 

Miklós Regőczi, former deputy general manager of BKV took a coherent confession in which he avoided taking incriminatory confession against his former colleagues. For example he said about Miklós Hagyó that the politician approached BKV from professional point of view, he never instructed him to conclude contracts nor did he hear about such intention. Furthermore he added that the detectives were complaining during his interrogation that the investigation lacks of professionalism since normally they collect evidences first and then they interrogate and take the suspect into custody. In this case however – because of the pressure by the police – they named the guilty first and then they collected evidences to create a good basis to support their concept. He informed the court about the abuses in the interrogations. He declared that his confession was controlled by the police. In order to avoid pre-trial detention or just shorten it, he was told in elevators, corridors but never in an official place what to confess against whom. He did not understand why the police failed to make video and/or voice recording about the interrogations although each criterion was given. (More and more evidence against the indictment – Népszava online, 06.11.2012)

Tibor Zelenák, former head of department confessed about the seriously offending interrogation. He declared in the court that he was informed about his arrest from the TV first and then he was forbidden to get in touch with his three children and wife during the 51 day long pre-trial detention. (BKV-trial: political interest in the background? – Népszava online, 22.11.2012)

 

Éva Horváth, former press-woman of Hagyó was also complaining because of her pre-trial detention where she was told Jewish, threatened and forced her to take incriminatory confession against her former bosses. She was enumerating the facts and reasons why the accusation against her is completely nonsense. Among others the police indicated dates when Éva Horváth did not even work together with Hagyó. She informed the court in details about her arrest and the conditions of the pre-trial detention. She made the court remembered that she was taken to custody months after she had been accused and her pre-trial detention was ordered by Mária Szívós who became a Constitutional Judge for now. During the investigative interrogation she told the police that she could not take such incriminatory confession against Hagyó which she could prove with evidences or which could be true. For this a BRFK detective replied that she can go back to the detention and would see each other 6 month later. (Clean, Jewish – BKV-trial is on foot – Amerikai Népszava online, 19.01.2013)

 

Similar to BKV-case the police wanted the same incriminatory confession against Hagyó in other cases. In the “airport bribery” case György Sz. confessed that after his lawyer left the interrogation he was told by detectives in a dark room to say something against Hagyó and then he could be at home by Tuesday. Due to his standpoint, the reason why they took György Sz. to pre-trial detention was to make him feel in a vulnerable situation and alone so he may take incriminatory confession against others. (The way of interrogations in BKV-case – Index, 22.04.2013)

Not only the interrogation of the accused was controlled by BRFK but of the witnesses too. Attila Antal’s former secretary said in the court that the detectives dictated the text of the confession. She had to sign the draft of a detective as her confession Due to her statement she had been interrogated for 3-4 hours during the Hagyó-investigation however she signed a minutes of two pages containing phrases which she never told. (BKV-trial: Detectives dictate – 26.04.2013)

Another witness of the prosecutor shoot back too. János Pálocska informed the Kecskemét Tribunal that Cpt. Dr. László Bói, leader-detective of BKV-case promised him to influence the judge and the investigation in another case if he signed the draft of the P.I. as his own confession. As he told in the court, Cpt. det. Bói shamelessly behaved when after this promise he forced him by instructions to sign a false, incriminating confession which’s actors he never knows. Bói told him that “Hagyó is going to be arrested, this has already been decided and your confession is required”. (Hagyó-trial: Prosecutor’s witness shoots back – Index, 07.05.2013) As narrated by Pálocska, Hagyó, former socialist Deputy Mayor, Éva H. and Ottó L. were arrested on the basis of a – inter alia – false minutes.

 

Another witness informed the court that after Pálocska did his forced confession with Cpt. det. Bói, Pálocska called him to take statement in the Teve Street HQ of the police, where the three met. Consequently the witness was not summoned properly but only called by Pálocska to meet at the police. Furthermore his incriminating confession improperly contained the data of the interrogators since another police officer took place in the interrogation beside Cpt. det. Bói however his data is missing. (BKV-trial: A new severe procedural error revealed – Népszava online, 13.06.2013)

During the BKV-trail more and more accused and witnesses confirmed the fact that during the first-half of the investigation the police took the confessions in an illegal way. Witnesses reported about missing place and date, missing and forged documents, forced and controlled confessions and controversial police documents. (BKV-trial: It was a scandalous investigation – Népszava online, 14.05.2013)

 

After Fidesz won the elections in 2010, Sándor Pintér, Secretary of Internal Affairs of the Orbán-administration carried out the replacements at the head of state institutions and companies. He replaced almost the entire general staff of police in half year. (Orbán-cabinet cleared away the old faces in a minute – Origo, 25.07.2010) Pintér replaced Gábor Tóth with the chief of V. District Police Station. Tóth was kept in the reserve staff until December but he left the police and asked for retirement. (Metropolitan Police Chief dismissed – Origo, 01.07.2010)

While Pintér did not claim Gábor Tóth, Tarlós did. The Mayor appointed him to the leader of the public safety work group where Tóth – together with his former colleagues, ex-police leaders – could work on police conceptions, crime- and accident preventions and other, professional programs carried out by the Metropolis and the police with sufficient earmarked. (Tarlós trusts the police chief dismissed by Pintér – HVG.hu, 29.04.2011)

An elite board of directors with 30 members has been working from 2010 at the Metropolitan Public-land Conservator Plc, under Tarlós. Seven of them are ex-economic protection detectives (some of them were investigating in the case of the metropolitan public utility suppliers in 2010), three of them were working at the Homeland Security Office, two of them worked for NAV and there is one who worked for the Information Office (civil intelligence agency). (FBI in Budapest: Tarlós’s top-detectives – Index, 21.05.2013)

The head of the team is Endre Jónás, former director-general of Homeland Security Office. His deputy is Ottó Halász, previously worked at BRFK and took place in the Hagyó interrogations. (Tarlós’s secret service managed the BKV-investigation? – György Pető files, 03.06.2013) György Pető – also former policeman at BRFK – was appointed to the head of Metropolitan Public Land Surveillance and simultaneously of the Metropolitan Security Bureau. (Managers forming informant network – Index, 17.03.2011)

Consequently, Gábor Tóth can work together with his ex-colleagues who were acting under the Gyurcsány and Bajnai administration in order to create a tighter relation between the police and the secret service.     

 

/ source: Wikipédia