Circuit court amends county court decision in former minister criminal case

The first-tier Harju County Court on September 27, 2024, found former government minister Mailis Reps guilty of embezzlement and fraud. While the Tallinn Circuit Court considers these charges justified, if to a somewhat lesser extent, the circuit court found the county court had made errors in resolving a civil claim.
For this reason, the circuit court has awarded a larger compensation sum to the state than the county court had originally done.
The circuit court acquitted Mailis Reps of the charge that she had embezzled ministry budget funds in using these towards organizing a birthday event for ministry employees and representatives of agencies under the ministry's auspices.
The court found that this was an event which could be considered part of the ministry's morale activities, even as it was held on the minister's birthday.
However, the circuit court did not alter the county court's position on a dinner held for party colleagues at the Mon Repos restaurant at the ministry's expense – in this aspect, the guilty verdict remained unchanged.
The circuit court also found no grounds to find Reps culpable in the ministry's covering accommodation costs for a ministry chauffeur during a visit to the WRC Rally Estonia.
The Circuit Court awarded a larger sum compensation to the state from the Reps case than the county court had. Specifically, the county court found that Reps had caused harm to the state by extensively assigning personal tasks to ministry employees, but did not award compensation due to the inability to determine the amount precisely. The state's representative pointed out in their appeal that in such cases the court is obliged to estimate an amount of compensation. The circuit court concurred with this view.
In summing up, Mailis Reps' conviction for embezzlement and fraud stands, along with the sentence imposed of one year and 5 months' imprisonment, in a suspended sentence and with a two-year probation period.
The circuit court rejected Reps' defense lawyers' requests to award their client compensation in respect of damages caused by the proceedings along with a requirement for an apology from the Prosecutor's Office.
The circuit court also amended the county court's decision regarding the apportioning of legal costs. According to the new ruling, Reps is obliged to reimburse the Republic of Estonia (via the Ministry of Education and Research) for legal expenses incurred in the pre-trial and county court proceedings to the sum of €46,426.50. Additionally, €17,000 in costs is to be borne by the state as prosecutor, plus €14,119.50 to be borne by the state as the aggrieved party. The circuit court additionally awarded Reps €52,000 from the state for her legal defense costs.
Chief Prosecutor Liis Vainola stated that Reps' actions must be viewed as a whole since they indicate a pattern of behavior where she did not differentiate between personal property and ministry property.
"It was confirmed in court that her actions had been intentional – she comprehended that one cannot cover personal expenses from the ministry's budget or use ministry employees for personal benefit. Consequently, in the prosecutor's opinion, this does not only concern isolated violations, but a wider attitude that disregards laws and societal norms. What adds to the gravity of the violation is that Mailis Reps' duty was to lead ministries and to shape the life of the state at its highest level," Vainola said.
"The Office of the Prosecutor General is to review the legal reasoning of the Tallinn Circuit Court's decision and will then decide whether there are grounds to recourse to the Supreme Court," Vainola added.
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Editor: Johanna Alvin, Andrew Whyte