In the opposition

Process. Issue 14

October 15, 2009 Daily Journal

In general, nothing new. And why would it seem?

The trials marked with sensational confessions, the artistic fainting of important witnesses or at least well -fed by Mirgorod pigs, stolen from the chairman's table, the pile of the trials remained in world and domestic fiction.

The current court is a fundamentally boring, routine, unusually sleeping phenomenon and, most importantly, devoid of convex intrigue.

Therefore, the view of a third -party, although indifferent observer, who has neither the strength nor the ability to catch the essence of what is happening in the main, invariably and insidiously eliminating the topic of the forensic score, inevitably searches for meaning in side, optional motives. And not even in them - in the plastic of the conductor, in the turn of the cellist’s head, in the color of the altista dress.

So here. We notice (or we want to notice) that something has moved from the place. From time to time, mortal boredom, accompanying the exchange of prickly numbers and terminological shades, explodes with some scenes either from the Lermontov Masquerade, or from the romance of “among the noisy ball”. For example:

Khodorkovsky : “I really refused to meet with Evgeny Lvovich - because individuals were manipulated. Dangerous faces. And our meeting was useless. Did I understand correctly that you and I have not seen each other? "

Rybin : “No, I saw you! Two times. Once we met at a reception at the Kremlin Palace of Congresses, but you preferred to escape to the toilet, and the second time in the concert hall Russia. There was a reception in honor of the Oilman's Day, I stood in the very center, and you, entering the hall, seeing me, went behind the column ... But I decided to urgently meet with you. I, taking the bottle ... champagne, went, I think, I will say: "Mikhail Borisovich, let's get acquainted." But I did not find you and then found out that you fled through the kitchen, through the dishwasher! This is true! Is it true! You just don't remember this ... "

By the way, the main thing in this matter is not “seeing me, we went beyond the column”, as it might seem, and not the Dostoevo -like “it's true! Is it true! You just don't remember this ... " The main thing there is that the judge somehow openly split. Previously, he basically all the time gloomily and abruptly looked at the ceiling in a languid expectation of at least some sign from above. And there was no sign. Twist, they say, if you are a judge.

And here - I relaxed. And so that it seemed that he was authorized to make even some kind of independent decisions:

Anvalishvili : “The defendants, your honor, are asked today questions that do not coincide with questions that were asked to me during the investigation. If I knew them in advance, I would have prepared. ”

Judge : “Well, what to do. They can set them, this is the right of the defendants. ”

Wow! "The right of the defendants." This is something new.

He split so much that the witness of the prosecution unconsciously elevated him to the princely title: “Well, what can I say, well, help us figure it out, your lordship!”

Oh how! "Your Mightiness". What will happen next?

Leonid Semloths

In court, the interrogation of witnesses of the prosecution continued. Former East Petroleum manager Yevgeny Rybin, who had just loudly accused Mikhail Khodorkovsky and Plato Lebedev of all mortal sins, was literally pinned to the wall during the interrogation of the defense, confirmed the absurdity of the main point of the prosecution, and then did not come to court at all, referring to the hospitalization of his mother. The next witness, the former first deputy minister of fuel and energy, the former deputy governor of the Tomsk region, the former deputy general director of Tomskneft JSC Guri Avalishvili during the interrogation of the defense, too, was wilted and was finished with ignorance in matters that could not know the answers to.

The situation for the "Daily Journal"
Comments Lawyer Vadim Kluvgan :

“When these witnesses were interrogated by the prosecution, the purpose of attracting them was very well revealed. Witnesses spoke exclusively general phrases in order to create a negative reputation background: look, they say, what bad people Khodorkovsky and Lebedev did, how they did all incorrectly, how good people suffered. Without facts, without documents, without numbers. All this exactly had nothing to do with the charge that is the subject of this trial. Therefore, we, having realized this plan for a long time, did not interfere with its implementation, so that everyone else also understood this and see. And when it came to the turn to us, in both cases these witnesses, involuntarily for themselves and not wanting it, confirmed the position of protection. In particular, Evgeny Rybin said that it is impossible to steal all the oil or even some significant part of it-this is exactly what the defense is talking about from the first moment when I saw this accusation of the embezzlement of 350 million tons of oil. As for the so-called accusation of theft of shares, Rybin confirmed that there was a exchange of exchange, which in itself excludes any accusation of theft. And Guri Avalishvili, when Khodorkovsky and Lebedev began to ask him absolutely concrete questions, the answers to which he simply must know, cannot not know how a person who held high positions in the Tomskneft company, in the administration of the Tomsk region, in the Ministry of Fuel and Energy, did not give a single concrete answer, realizing that, having given a specific truthful answer, he would destroy the accusation, and he would also refute himself in the fact that he would refute himself that he would refute himself that He spoke before that. Therefore, he frankly “swam”, tried to get away from answers, to refuse answers and as a result showed that he was not a evidence of the accusation, since not one of the charges could confirm and could not even formulate what Khodorkovsky and Lebedev accused of. That is why we initially said that all the witnesses of the prosecution, if only they deliberately lie, are actually witnesses of protection. That is why prosecutors were nervous during the hysterical during the interrogations of Rybin and Anvalishvili from the defense.

As for the position of prescriptions during the interrogation of witnesses, it is difficult to make very serious claims to him. Of course, to announce the testimony of these witnesses at the preliminary investigation, there were no legal grounds, however, such a request for the prosecution was satisfied. But it is much more important that the side of the defense so far has the opportunity to ask questions that she considers necessary to ask. But the accusation once again showed the goods with a face: everyone heard how they interrogate witnesses at the preliminary investigation, how they are asked by leading questions, how I formulate the answers for them, as a written protocol does not coincide with the audio recording of the interrogation. Therefore, the protection simply must be beneficial from all the benefits for the interests of protection, what we did and will continue to do. ”

Artist Alexander Kotlyarov

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