Billboard vandal temporarily released from prison

A former public transport worker – found guilty of defacing public property – was released from prison on Thursday, 67 days short of his 100-day sentence. The justice minister had filed a complaint in the man’s favour in the hope that the court would determine once and for all whether defacing a campaign poster constitutes a crime or just a misdemeanour. His release may only be temporary, pending the decision.

Roman Smetana, photo: CTK

Roman Smetana got out of jail on Thursday after 33 days, the sentence in his controversial case temporarily quashed by the country’s Supreme Court. The former bus driver famously vandalised some 30 campaign posters on bus billboards back in 2010, adding bugs’ antennae to politician’s heads, as well as derogatory comments. The former transport employee was ordered to pay a fine and damages. But while he covered the damage to the property, he refused to pay the fine and also rejected home detention – eventually landing him 100 days in jail. Originally, he was to have begun his sentence in March but only gave himself up to the police on April 21, after causing something of a sensation at an anti-government rally. He then began serving his time. Upon his early release on Thursday, he was calm but also clearly happy. Here’s what he had to say:

“I first heard about it on the radio at half past twelve... I think I managed fairly well: prison is an interesting facility... Now I’m most looking forward to the walk home.”

Not surprisingly, Roman Smetana’s case throughout has attracted a good deal of attention – as well as criticism. The Czech branch of human rights watchdog the Helsinki Commission for Human Rights slammed the sentence, saying it was disproportionate to the crime; and the public, too, expressed solidarity with the convicted party. As for Justice Minister Jiří Pospíšil, he put forward the complaint, making clear one of the reasons was to elicit a judicial precedent: a Supreme Court ruling that will decide whether drawing graffiti on an election poster represents a crime or just a minor offense.

“I have to say that is a very controversial case. Even at the Justice Ministry, debate between lawyers over the complaint was very heated. The thing is that Mr Smetana did deface public property, but his act was different than when someone vandalises a car, cottage or other property. He was expressing his political opinion, which is his right. But he did so in an unlawful way.”

Jiří Pospíšil

The minister is also of the opinion that jail time, handed down in the original ruling by the regional court, is disproportionate to the offense; now the Supreme Court can begin looking into the original decision. There is one caveat, the court’s spokesman has stressed that the temporary lifting of jail time for Mr Smetana should in no way be taken as any indication of how the court will eventually decide. The guilty party could still have to complete the remainder of his sentence.