On November 2, another hearing on the case of "King's Capital" Company  was held. Despite the cloudy weather, the atmosphere surrounding ound the court building was warm and cozy: the members of the "Embassy of God" Church  came as they always do, to express their support and respect for their pastor, Sunday Adelaja, as well as demonstrate active citizenship and faith in the fairness of Ukrainian justice and justification of Sunday Adelaja`s reputation.

With a half-hour delay the parties involved in tha case together with some members of  the public came into the courtroom. The trial proceedings on the "King's Capital”  Company case officially began In fact on November 2

Before proceeding to motions, the lawyer of Sunday Adelaja, Andrei Fedur, took the floor to clarify one fact. He recalled that at the first hearing, the judge made a remark to the pastor that he read the Bible, thus showing contempt of court (at the hearing pastor read the Bible when he has not been asked by the court). The lawyer went on to emphasis the reason why one of the Ukrainian publications wrote: "According to the prosecutor, if the pastor continues to behave disrespectfully toward the court, he will have to apply for him to be taken into custody." To avoid misunderstandings and clarify understanding of whether the reading of the Bible (or other permissible literature) during the trial is "a flagrant violation" and "contempt of the court", the judge was asked the following question:

"Do you consider, Your Honor, reading the Bible by the court participant during the trial a violation? If it is a violation, then my client, of course, will not read. If it is not a violation, he will read. "

Neither Andrei Fedur, nor all present in the room heard a clear answer from the judge. Then the another interesting issue was raised..
 
One of the accused, Eresko S. made a motion to close the two cases that were filed against him in 2008-2009. According to him, the decision on bringing him to justice, "had just fallen from the sky", because there was no court order to initiate criminal proceedings (the order determined by existing procedural law) he was handed, and no pre-trial investigation was carried out. Moreover, the charges he was accused of were absurd in view of his competence and a list of functions performed in "King's Capital" Company.
 
Gross errors in the observance of human rights, ignoring the rule of law (one of the major characteristics of democratic and legal state), serious punctures in the investigation proceedings- all this the judge did not want to hear. The Eresko S. petition was rejected.
 
In the second stage of the trial another interesting fact emerged. One of the lawyers of the accused made a motion to send the case of "King's Capital" for further investigation due to the absence at the trial of another person involved in the case, whose name was presented in the conviction, Vladimir Logunov, vice-president of the "King's Capital" Company.

Another motion was to change the preventive measure to Golovan S. and Kolesnikov I. of retention in custody to the recognisance not to leave. Pastor Sunday Adelaja lawyer, Andrei Fedur, acted brilliantly and very wisely on two given motions.

In particular, the lawyer was focused on the following shortcomings (violations), admitted during the pre-trial investigation:


 1. Decisions about taking to court of Pastor Sunday Adelaja as the accused were given to him in Russian and Ukrainian languages, the contents of which were significantly different in meaning.

2. Despite the presence in the conviction and the decision to take to court an accused Vice President V. Logunov, procedural decision taken concerning the named person remained unknown (representative of the prosecution said that the decision on Logunov V. is in a criminal case, but there was no one of the participants in the court to explain what the DECISION was). It was stressed that in case of change of decision in respect of the Logunov V (which is included in the group of persons accused), the charge had to be changed also, but to this day, the conviction remained unchanged.
 
 
This means that the court did not take any decision in respect of the Logunov B.  The question of where one of the accused is (the one who held a high position in the "King's Capital" company), remains a mystery.

3. Illegal holding Golovanov S. and Kolesnikov  I. under arrest. In other words, in the criminal case the court's decision regarding the selection of preventive measures to the accused and the extension of the holding them in custody for a period specified by law, IS NOT PRESENTED!


4. Having considered the matter, "Kharchenko is against Ukraine» (http://www.yurincom.com/ua/harchenko-protu-ykrainu), the European Court of Human Rights declared that the extension of holding the person in custody without the establishment of the court and announcing this TERM, is unacceptable and flagrant violation of Article 6 of Part 1 of the European Convention on Human Rights (right to a fair trial).

 5. The European Court of Human Rights declared inadmissible to leave the old restraint measure if the terms defined by the current legislation HAVE EXPIRED! Term of holding Golovanov S. and Kolesnikov I. in the custody was over long before the trial.
 
 6. Ignoring of man and his life as the highest value by the proceedings!


To meet the arguments of the lawyer in relation to the change preventive measures to Golovanov S. and I. Kolesnikov the follwing facts were introduced:
- These persons are socially adaptable members of society (they have  a family, work);
- They are not socially dangerous to others;
- They are not a fugitive from justice and did not shy away from the court decision;
- There are non-adults in their families who are dependent on the accused;
- Kolesnikov S. has a disabled son, who urgently needs an operation;
- Keeping these mentioned persons free (on bail) may help the investigation and victim investors;
- Existing conditions in the jail are unhealthy for human health (especially in the case of long-stay).

Despite all the arguments, the arguments of lawyers and common sense the judge DID NOT SATISFY ANY motion!


In summary with all seen and heard the conclusion is obvious: some participants in the trial continue to be "deaf", thus keeping the "negotiated" course!

 
 November 3, 2011Posted in “Ukrainian Justice: to be or not to be?”

 

The next court session will be held on 18^th of November at 12:00 at Koshitsa str, 5.

Press center of the "Embassy of God" Church
Translated by Elena Stognii