The Disciplinary panel acquitted Judge JUDr. Andrea Haitová of the disciplinary motion

“On the basis of the evidence taken, it could not be confirmed beyond reasonable doubt that the disciplinary defendant at the meeting of the Special Commission of the Judicial Council of the Slovak Republic (held on 16 December 2019) gave false or misrepresentative information that she did not delete or change anything on her phone. Likewise, it cannot be ruled out that there was a misunderstanding of the timing of the question on the part of the disciplinary accused and therefore a truthful answer. Put simply, without a relevant (evidentiary) determination of the question asked and its context, the Supreme Administrative Court was unable to assess the truthfulness of the disciplinary defendant’s answer. The Supreme Administrative Court concluded that it had not been proved in the proceedings that the disciplinary defendant had lied at the meeting of the Special Committee. The Supreme Administrative Court also came to the above conclusion in accordance with the principle of ‘in dubio pro reo’. On the basis of these facts, the Court concludes that it has not been proven that the act for which the disciplinary defendant is being prosecuted occurred, and therefore decides as set out in the operative part of the decision,” said Anita Filová, the President of the Panel, at the end of her reasoning.

The President of the Panel also informed the parties that an appeal against the decision was admissible. It can be filed within 15 days from the date of delivery of the disciplinary decision. If this happens, the appeal will be decided by the Disciplinary apppellate panel of the Supreme Administrative Court of the Slovak Republic.

In the disciplinary case of the President of the Judicial Council of the Slovak Republic c/a Judge JUDr. Andrea Haitová, the decision was taken by the Panel 32D of the Supreme Administrative Court composed of: the President of the Panel JUDr. Anita Filová, the Judges JUDr. Marián Fečík, JUDr. Michal Matulník, PhD. (Judge-rapporteur) and lay judges JUDr. Michaela Kajabová and Prof. JUDr. Tomáš Strémy, PhD.