Hradec Králové - The court found choirmaster Bohumil Kulínský guilty today for sexual abuse of 49 girls from the choir.
However, Mr. Kulínský will not go to jail, as he was sentenced to 5 years´probation with 3 years in prison, which means for the period of 5 years he cannot commit any crime. If yes, he would end up in prison for 3 years.
On top of that, Bohumil Kulínský has been banned to continue his work for next 10 years.
Kulínský, the head of the legendary children ensemble, was acquited by two regional courts within separate trials earlier but the Supreme court in Prague overrode both verdicts and ordered the case to be tried within one main trial. The previous trials dealt only with two gravest cases.
Read more: Maestro faces 8.5 years of prison for sexual abuse
Probation is enough
"We think probation as a form of punishment is enough, as it all happened so long ago," said judge Miloslav Ježek.
According to him Bohumil Kulínský will be under supervision of a probation officer.
Defendant´s lawyer Tomáš Sokol as well as state prosecutor Jan Bohutínský filed an appeal.
"The situation now is different," says state prosecutor Jan Bohutínský. "For the first time the court had all the evidence available proving the maestro´s guilt. For the first time there were all witnesses present so they could describe the way the ensemble operated and Mr. Kulínský´s behavior in the choir."
Some of the girls who were among the witnesses were 12 years old at the time when they were members of the choir. Part of their testimony was a description of taking the sauna with Mr. Kulínský where they had to stand naked, while Mr. Kulínský was showering them with a hose.
Allegedly, during Mr. Kulínský´s night visits he was touching their private parts. Some confessed they did not defend themselves and let Mr. Kulínský do as he wished. "He was tough on us in the choir and we thought that was a sign of his love for us," said some of the witnesses.
"As for a sexual intercourse, Mr. Kulínský molested about 6 underage girls. Three of them were even under 15," said state prosecutor Bohutínský.
Adults only
Bohumil Kulínský, however, rejects all accusations. In some cases he did admit having an affair with some of the singers but he alleged they all were adults.
The accusation also highlighted the role of a "pedagogue" or a supervisor that Kulínský was to have in the choir.
"In such a case it is highly unacceptable to have intimate relationships," says state prosecutor Jan Bohutínský.
"He abused girls which he was supposed to watch over and he interfered with their sexual growing up. The health of two of the girls was found gravely affected," added Bohutínský.
Defendant´s lawyer Tomáš Sokol asked for Mr. Kulínský´s acquittal. He argues Mr. Kulínský was in no position of a supervisor.
"He was only a choirmaster but he was not tasked to guide them. There was no intimate touching or sexual intercourse," claims Sokol.
"And if there was, there is no evidence. The witnesses are not trustworthy. Evidently, they lie, especially in things that can be proved opposite in reality," says Tomáš Sokol.
Main evidence? Wittnesses
State prosecutor Bohutínský claims the opposite - the witnesses´ testimony has been the bread and butter evidence of Mr. Kulínský´s guilt.
"The testimony of the two of the girls whose health was badly damaged was analysed by experts," stated Bohutínský.
Since the crime that Mr. Kulínský was tried for involved work with children, prosecutor Bohutínský wants to make sure Mr. Kulínský won´t do it again.
"Beside 8.5 years, Mr. Kulínský should be banned to work as a pedagogue with minors up to 10 years," added Bohutínský.
