The Supreme Court upheld the acquittal of former police officials Eerik Heldna, Elmar Vaher and Aivar Alavere in a criminal case concerning Heldna's eligibility for a police pension.

According to sworn attorney Steven-Hristo Evestus, the Prosecutor's Office should have conducted a deeper analysis — both when opening the criminal case and filing charges — into whether the allegations against the police officials were substantiated.

"The courts have now determined that the legal interpretation was incorrect. The Police and Border Guard Act does not impose any restrictions on transfers to another government agency from such positions that would have made the action unlawful. In reality, Eerik Heldna, who had served as a police officer for many years and continued his career in the Estonian Defense Forces and the Tax and Customs Board, was broadly serving the interests of the state," Evestus noted.

He believes the Prosecutor's Office should apologize to the police officials involved.

"There's been some discussion that this may be a situation where the Prosecutor's Office should acknowledge its mistake and issue an apology. Why not? I think this is one of the most sensitive cases among those that have ended in acquittal," Evestus said.

The attorney emphasized that the proceedings caused irreparable harm to the accused.

"When the justice system turns on its own with the most dangerous and powerful weapons it has, the damage is immense. And I think the reputational harm suffered by these individuals — especially someone like Elmar Vaher, who was a widely respected and valued police chief in Estonia — is truly irreparable. Our justice system simply lacks the tools to compensate for that kind of damage," he said.

Journalist Kirke Ert asked why the Prosecutor's Office didn't drop the charges earlier in the court process and admit its error.

Drawing from his own experience, the former chief state prosecutor said a firm inner conviction often develops during the course of criminal proceedings and while presenting charges — one that can become blinding. "As a result, this sense of being in the right ends up clearly driving the whole process," he added.

Evestus also stressed that the damage done to individuals responsible for internal security has broader implications for national security.

"If people entrusted with internal security can suddenly become victims of provocations or rash actions, that's a serious problem. I don't know how many apologies are needed, but it's important to at least highlight their past contributions and show that these were not individuals who have entirely lost the public's trust," he said.

Evestus added that beyond the Prosecutor's Office, lawmakers should also reflect on the situation.

"If our laws are so difficult to interpret and apply, then perhaps we need to undertake a fundamental legislative overhaul. None of us want respected members of society to become guinea pigs," Evestus said.

The case, which had been winding through the court system since 2023, centered on allegations of "rotation fraud" and the creation of a fictitious employment relationship to secure a special police pension. Heldna was charged with fraud and incitement to falsify documents, Vaher and Alavere were charged with aiding and abetting fraud and official falsification.

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