The previous court session for the King’s Capital Company case on 18 November 2011 was delayed by 20 minutes.

Like the last time, the sitting was dedicated to petitions.

The lawyer Fedur A.A. filed a petition to solve the issue concerning civil claimants pointing out the following:

· who is in fact a civil claimant in this case and who is not;

· how many they are and in what order they filed their civil claims (according to the lawyer, his client received only 48 statements of claim, whereas more than 600 civil claimants appear in the case).

“A civil claimant is a person, or an entity, who/which has suffered a material damage from a crime and has placed a demand about reimbursement of the damages according to Article 28 of the Code. The person carrying out inquiry, prosecutor, judge, shall pass a resolution, and the court – a definition whether a civil claimant should be recognized as such or not” (Article 50 C.Cr.P. of Ukraine).

In other words, the “civil claimant” status is assigned only after the person or entity has placed a petition to reimburse the damage and the corresponding resolution has been issued by the appropriate authorities.

“After appearance of civil claimants, consequently, civil defendants come in; and the status of the latter is also confirmed by the resolution of the appropriate authorities”, Fedur explained. – “Moreover, in the accusation on the King’s Capital case, only defendant, their advocates, the defrauded and witnesses were mentioned – this document contains no person with a “civil claimant” status. Hence, the issue about existence of such a participant as a ‘civil claimant’ in this trial”.
 

In order to explain placing his petition on this stage of trial Fedur A.A. gave two arguments. If the issue of ‘civil claimants’ is solved, it will:

-  help him built effective defence for his client;

-  open the eyes of people, who have placed their civic claims, and, ostensibly, have been assigned the status of a ‘civil claimant’ (though the resolution of appropriate authorities concerning assigning such status to them is absent), and now they hope that those sitting on the felon’s dock will reimburse them all the material damage.

Also the following petitions have been placed by other participants:

- to establish the fact of client relationship of the persons, who filed the action against the defendant Yeres’ko S., with King’s Capital Company (according to Yeres’ko S., the names of people quoted by him in court, are absent on the accusation as those defrauded; some of them have never been clients of the company); relative information has been requested from the administration of fighting economic crime in Shevchenkivsky area department of MIA of Ukraine in Kyiv city;

- to demand the minutes of the confrontation held in Kiev jail between Sunday Adelaja and Sergei Golovanov on December 24, 2010. According to the advocate of the latter the mentioned minutes is missing from the case. The lawyer Fedur also has supported the petition making an emphasis on the fact that during the mentioned confrontation the questions, that were asked, were only concerning the accusations made against Pastor Sunday. The answers to those questions during the confrontation are evidence, which may remove the accusations against pastor.

As a result of the session, the date has been set to begin reading the judgment of conviction, which contains 3000 pages (according to the representative of the state prosecution). The session was set for the 6th December at 2 pm. The forecast is that reading of the conviction may stretch for 2 weeks.

After that the actual judicial proceedings on the case of King’s Capital Company shall start. Pastor Sunday was very happy to hear that news:

“At last in December the proceedings will start, and the truth will be revealed and I will be justified. Thank you everyone for your prayer and support”, - this was the statement made by the senior pastor in a short interview on his way out of the court.

Meanwhile church members chanted and shouted out,  “Pastor Sunday, we are with you!” and “Pastor Sunday is an honest man” – pastor got in the car and went home.