The Office of the Prosecutor General maintains that the creation of the fictitious work history described in the indictment was illegal and used to fraudulently obtain a special pension from the state.

The Office of the Prosecutor General charged Eerik Heldna, Elmar Vaher, and Aivar Alavere with fraud and aiding and abetting fraud. They were acquitted by the Harju County Court and the decision was upheld by Tallinn Circuit Court last month.

According to the indictment, in February 2019, Heldna reached an agreement with Vaher that he would be officially registered as employed by the Police and Border Guard Board (PPA) and, on the same day, assigned back to a position at the Defense Forces Intelligence Center, where he was already working and where his employment had never been suspended.

Under the law, to qualify for a special pension, one had to serve in the police for at least 25 years and still be in police service as of January 1, 2020. Heldna had served from 1996 to 2017, approximately 21 years. To qualify for the special pension, he would have needed to return to police service before January 1, 2020, and remain there for approximately four more years.

"They were officially appointed to these positions, but none of them actually began working there. Nevertheless, documents were signed the same day to ostensibly rotate them back to the agencies and positions where they were already working. This way, their police service time continued on paper, fictitiously," State Prosecutor Jürgen Hüva said.

"The Office of the Prosecutor General remains convinced that the creation of the fictitious work history described in the indictment was not only unethical but also unlawful, and that it was used to defraud the state of a special pension. Therefore, the Office is turning to the Supreme Court to obtain an additional legal assessment," he said.

If convicted, Heldna could face a financial penalty or up to four years in prison. Vaher and Alavere could face one to five years in prison, as they are accused of committing the acts in their official capacities.

Several former and current senior civil servants, as well as private sector executives, have expressed the opinion that what happened to former police chief Elmar Vaher was unjust and that instead of appealing the appellate court's acquittal to the Supreme Court, the Estonian state should issue an apology to Vaher.

Former Secretary of State Taimar Peterkop called what happened to Elmar Vaher the greatest injustice to befall a civil servant that he has witnessed in his 25 years of public service.

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