Incident in Ještěrka bar
I have coincidentally acquired some documents in a case of Gilbert F. McCrae, who had been effectively sentenced for last year’s murder in tram no. 22. The judgment of 1st instance court is particularly interesting to read. The prosecution version of what happened was already confirmed by three court instances: Mr. McCrae, historical arms dealer and both US and UK citizen, living in CR since 2002, had a verbal conflict with a victim in Ještěrka bar on Londýnska Street in Vinohrady (district of Prague). The victim, Rudolf S., was a 34 year old drug addict and dealer. McCrae then followed the victim to the tram stop on Tylovo Place and rode with him in the tram no. 22 up to terminus in Hostivař (district of Prague), where he shot him once to the head and killed him in cold blood. After that he calmly got off the tram and returned home to Vinohrady. The most interesting thing, after the act Mr. McCrae didn’t even try to escape in order to avoid being caught (he must have known that bar guests and barkeep would identify him easily), nor he attempted to ditch the murder weapon, but he waited until the police – after a month – tracks him down, detains him and finds the gun in his home.
Bogus story for a crime thriller, it couldn’t pass one single editor. Nevertheless, Czech courts are indulgent: they entirely went along with this story and sentenced the American for 16 years in prison. The convict is now claiming he is a victim of a conspiracy and I – very suspicious in such cases – prisons are full of innocent people – cannot accept what the police and the city prosecutor’s office presented to the court, even as a fraction of what had happened in reality.
Doubt is aroused by the work of police and their Criminalistics Institute in Prague: Why wasn’t the camera footage from the vicinity of the tram stop, where the murderer and the victim waited for the tram, presented to an expert, who could evaluate the identity of the perpetrator and the defendant according to the height and the way of walking? Such techniques are common and used for example in bank robberies. Why are police experts claiming that the shell casing came out of McCrae’s weapon, but didn’t attach single evidence like micro picture? Is it true they don’t have a microscope capable of taking such a picture? I doubt that. Why police took care of cigarette stubs found close to KFC, but didn’t care to analyze the ones found in the bar? Had the murderer smoked, at least some of the butts must have contained his DNA. Why the court did not look into the victim’s past? The victim was freshly out of rehab according to news media, where he was treated for drug addiction. Why wasn’t allowed one single witness of the defense? The ex offo (court appointed) defense attorney testified against Mr. McCrae. This shows the effort of the court to cover something up.
I recognize, of course, there is circumstantial evidence against the defendant. I don’t think that every police officer is a member of organized crime such as Kopáč, Berdych or Tofla gangs. Despite I’d say the judicial system has once again sentenced a person who had become inconvenient to someone, rather than a lawfully convicted perpetrator.
I am more likely to believe the following: The victim and the murderer arrange a meeting in Ještěrka bar. They have a quarrel, the victim is perhaps blackmailing the murderer and is threatening to report him, perhaps he is merely refusing to pay up. In any case the murderer decides to get rid of the victim the same day or more precisely the same night. It’s risky and foolish plan. The murdered doesn’t realize that the police will use victim’s cell phone to find the bar in couple of minutes. And that the police will have his description in couple of hours. Or he knows it but he cannot risk losing the drunken victim, because he doesn’t know where he lives, hence must act immediately. Either way, the murder has been committed. And the police are clueless. So in a month’s time instead of the true murderer they give us Mr. McCrae, whose liquidation is in the interest of someone powerful.
http://paragraphos.pecina.cz/2012/12/incident-v-baru-jesterka.html
P.S.
2nd instance court in Prague back in 1950s, in place of Dr. Milada Horakova stood someone else! – I personally contacted US and UK embassies in Prague in this matter, gave copies of important documents, sent a proxy to a US congressman interested in this case. I have personally handed over a letter from Mr. McCrae to the US Ambassador Norman L. Eisen. He hasn’t reacted yet. He merely stated in the media that the level of human rights observation in Czech Republic is the best in the former Eastern bloc. I find the actions of Mr. Ambassador to be hypocritical and not honoring democratic US traditions – including efforts to help US citizens threatened with injustice. Mr. Gilbert McCrae is on heart medication, he has lost weight significantly. The judge of the 2nd instance court in Prague JUDr. Jiří Lněnička is nicknamed „Hangman of Pankrac“ by inmates (Pankrac is a Prague district and also a famous penitentiary). After the session I told him heartily what I think of him. He could give me a fine of up to 50 000 CZK, but without any answer he swiftly disappeared in the back door. I am afraid he is one of the judges, who possess one sole „quality“, which keeps their benches, the place they couldn’t get in mature democratic society – they obey the powerful and oblige to them!
Two quotes from the proceedings: "Court finds the witnesses fully credible, albeit they do not recall the course of the evening quite precisely and they could not recognize defendant McCrae in the police lineup." - "No direct evidence existed, however series of circumstantial evidence suffice for the conviction..."
Where have they left the main legal principle IN DUBIO PRO REO - "when in doubt, for the accused" (presumption of innocence)...?!
Jan Šinágl, 26.12.2012
Read more...