Navalny's trial. Day three

The Leninsky District Court of Kirov continued to consider the Kirovles case. The day before, one of his defendants, Alexei Navalny, refused to admit his guilt, saying that the case was politically motivated. PublicPost continues to monitor the process.

18:19 PublicPost

A break has been announced until 9 am on April 26.

18:07 Anna Veduta, press secretary of Alexei Navalny

Officers: Based on your feelings, did you select a number of companies and conduct an audit? Were 20% of the companies there? Did you take shipments or contracts?

Z: Mainly shipments.

Of: Before this, you said that the contracts concluded in the second quarter. So contracts or shipments?

Z: Contracts concluded in the second quarter and shipments - are you satisfied with this answer?

Of: Quite if this is true.

Of: What field are you an auditor in? Are you a marketing specialist?

Z: General audit.

Of: Thus, you cannot evaluate contracts.

17:59 PublicPost

Zagoskina describes how difficult it was for her to be in the witness room for two days. “Waiting two days in the dock is also very cool,” Navalny replies.

17:55 PublicPost

Navalny asks Zagoskina how she determined the market value of timber. Zagoskina answers: we requested documents from other companies that did similar checks.

17:36 Anna Veduta, press secretary of Alexei Navalny

Navalny: The order for the audit was announced by the property department?

Zagoskina: Yes.

N: Did you win the tender in accordance with Federal Law 94?

Z: I don’t deal with contracts.

N: There were 6 questions in the TOR, how many days did the audit take?

Z: 6 days.

N: Two auditors audited an enterprise with 4,500 employees and 36 forestry units in 6 days?

Z: Yes.

17:25 PublicPost

Prosecutor Cheremisin asks the witness Zagoskina; in 2009, she conducted an audit of Kirovles.

17:12 Evgenia Albats, editor-in-chief of The New Times magazine

Question: "Was there a free supply of products?" Everyone: "No." Then why did Officers and Navalny kidnap?

17:11 Alexey Navalny

Interesting. None of the prosecution witnesses confirmed that there were “gratuitous” deliveries or theft of products. What are we doing here then?

17:05 Oleg Einar

The most interesting interrogations of witnesses come from Navalny himself. In essence, he walks through and puts him against the wall. Well done!

17:04 PublicPost

Judge Blinov announced a five-minute break.

17:01 Anna Veduta, press secretary of Alexei Navalny

Lawyer Davydov: Have you seen the agreement of KOGUP "VLK"?

Zmeev: No.

Navalny: Your job responsibilities included controlling accounts receivable, can you name the amount?

Z: 120 million rubles.

N: And Opalev said 200 million. Which of you is lying - you or Opalev?

16:51 PublicPost

Sergei Zmeev, deputy general director of Kirovles for security issues, was summoned to testify.

16:42 PublicPost

Lawyers ask Makoveev questions. Makoveev, when asked by Kobzev if it seemed to him that Opalev and Ofitserov acted together, says: I didn’t notice that.

16:34 Anna Veduta, press secretary of Alexei Navalny

Makoveev to Ofitserov: I can’t say that your price was low, I did not agree with you on other points, but the price was not low.

16:27 PublicPost

Makoveev: I asked Opalev why VLK was needed at all, because it was fine without it. Opalev said that the enterprise was created with the support of the regional government.

16:13 PublicPost

The break is over. Prosecutor Cheremisin asks questions to witness Makoveev.

16:11 Maria Eismont/PublicPost

Police officers Mikhail and Nikolay have a pleasant conversation with Anna from Volgograd. The police here are very polite (as are the bailiffs in court). Navalny’s case, as they say, is indifferent to them: “Every second person here steals forest,” says Mikhail.

15:56 PublicPost

Navalny: Do you have evidence that I received rewards, money, gifts? Maybe a person similar to me received something in your presence?

Bura: No.

A ten-minute break was announced.

15:46 Maria Eismont/PublicPost

It’s common when people move from the regions to Moscow. And businessman Denis moved from Moscow to Kirov. He says that he is engaged in selling grocery machines. “They (the machines) cost themselves and sell them, but I can stand here with a poster.” About 5 people approach Denis per hour, and he, in his own words, “attacks” another five.

15:46 PublicPost

Bura cannot answer whether she saw Navalny together with Ofitserov. She says that she saw it once from the back in the office, the hairstyle was similar, but she cannot confirm.

15:40 Jüri Maloverjan

And when this key point - the business of forestry enterprises - was discussed, Judge Blinov dropped: “This is not relevant to this case.”

15:32 Anna Veduta, press secretary of Alexei Navalny

Navalny: You said that more than 10 contracts were renegotiated, but in the written testimony I counted 6. Did you embellish now or there?

Bura: I can’t remember exactly.

N: So you agree to your written testimony (after the prosecutor said it)? Opalev and you differ in your testimony regarding cooperation with Solikamsk. Which one of you bears false witness? Was the contract valid or not?

B: I don’t remember exactly now.

15:27 Maria Eismont/PublicPost

Resident of Kirov: Putin is not a thief.

15:13 Anna Veduta, press secretary of Alexei Navalny

Mikhailova: How long have you known Opalev?

Bura: It’s been a long time, I won’t give the exact date.

M: What is your relationship with Opalev?

B: Former general director.

M: Are you his stepdaughter?

B: No.

M: Who approved the prices?

B: General director or commercial director.

M: For what period was the price set?

B: For a year, but could be revised during the year.

15:11 Maria Eismont/PublicPost

Anna from Volgograd.

15:09 Mikhail Prokhorov, chairman of the Civic Platform party

Putin considers trials like Navalny's trial to be politically unmotivated. I still don't agree with this.

15:05 Maria Eismont/PublicPost

People on the streets of Kirov talk about Navalny.

14:59 Tina Kandelaki, TV presenter

Well? Everyone understood that talking about Navalny can also be done with GDP.

By the way, don’t you know? Navalny for raising wages or holding back? Increase in retirement age or not?

14:58 Alexey Navalny

He won the argument with Yashin and almost word for word predicted that Putin would answer the question about the “Navalny case.”

14:55 Maria Eismont/PublicPost

Svetlana Gennadievna about Navalny.

14:50 Anna Veduta, press secretary of Alexei Navalny

Naturally, we are all concerned with only one question: will we listen to this protocol 3 times in a row or will the young woman remember it faster?

14:43 Alexey Navalny

Wonderful. Now her testimony is being read out for Opalev’s daughter so that we cannot interrogate her.

14:42 PublicPost

The situation with Opalev is repeated: the prosecutor asks Bura to listen to his own testimony.

14:41 PublicPost

The prosecutor asks how many contractors Kirovles had. Bura replies that he doesn’t remember.

14:26 Anna Veduta, press secretary of Alexei Navalny

She (Bura - editor's note) worked as the commercial director of VLK LLC. At the beginning of the year, forestry enterprises sent minimum prices for approval and were monitored throughout the year. According to her, according to Ofitserov, “VLK” was created on the initiative of the government of the Kirov region. According to her, Bura was introduced to Ofitserov by Opalev. Opalev said that the person was acting on behalf of the regional government. Officers too, they say. Bura: first Officers referred to Belykh, and then to Navalny.

14:18 PublicPost

Witness Marina Bura was called. He says that he doesn’t know Navalny personally and doesn’t dislike him. Ofitserova knows from work.

14:12 Alexey Navalny

Now, in theory, they will interrogate Opalev’s daughter, who was also his commercial director.

14:10 Maria Eismont/PublicPost

Lunch break in the "Beer Yard" opposite the court - the establishment is included in the 15 must see of Kirov from " Afisha ".

Waitress Anastasia (I talked about her yesterday ) served a table with Navalny today.

- Well, how do you like our defendant?

- Nothing, we talked a little. In general, there have been so many changes since your arrival! On buses, for example, on route 46, now not only the stops are announced, but also the history of the city is told!

14:09 Maria Eismont/PublicPost

14:04 Alexey Navalny

Here comes the support from Astrakhan. Oleg Shein came to the trial.

13:07 Maria Eismont/PublicPost

Opalev is released, but asked to remain in the hall while his subordinates are interrogated. A break was announced until 14:00.

12:55 Maria Eismont/PublicPost

— Give an explanation about the criminal case that was initiated against you? - asked Navalny.

“I can answer this question, but I don’t want to,” said Opalev.

Judge Blinov removed Opalev’s question about “that criminal case” and warned that he would remove all questions about “that criminal case.”

Navalny asks questions, the judge dismisses them. Opalev claims that he did not enter into any agreements or conspiracies and the cases are not connected with each other, “because one case was conducted by some investigators, and another case by other investigators.”

12:47 Maria Eismont/PublicPost

Navalny's interrogation of Opalev continues. The conversation continues to revolve around Navalny's possible leverage on the director of Kirovles.

- Did I force you or tried to force you, but to no avail? - asks Navalny.

“I didn’t follow the instructions, I didn’t increase the speed.”

— So my coercion didn’t play a role?

— I decided that I would quit, but I would not cause damage to the company.

“Very noble of you,” Navalny praised.

Opalev still looks tired and depressed - in fact, this is how he looks from the first minutes of his stay in the courtroom. It’s obvious that it’s hard for him and he would like to end it all as soon as possible. But the defense is not calming down - the interrogation of the key witness will apparently last a long time.

12:37 Anna Veduta, press secretary of Alexei Navalny

N: In what words, where and when (except for the office) did I demand and force you to cooperate with VLK?

A: I don't remember.

N: Well, shall I fire you? will I eat?

Oh no.

N: So with what words did I force you?

A: They asked to assist in the development of the enterprise.

N: Did you have an understanding of who could give you instructions? We were sitting in the presence of other people, and did I force you to enter into a contract with VLK?

A: I will not answer this question, it does not relate to the essence of the matter.

N: Here the court decides what concerns.

Davydova: Explain the procedure for giving evidence.

12:34 Maria Eismont/PublicPost

Navalny: Who is the head of the Kirov region?

Opalev: Governor.

Navalny: Who is your immediate boss?

Opalev: Forestry Department.

Navalny: Did you understand that I am not logging into the system?

Opalev: You attended the meetings and made proposals.

12:18 Maria Eismont/PublicPost

"Where was my office on the 5th floor?" - asks Navalny. In response to the protests, the prosecution explains: “I didn’t have an office on the 5th floor, all this will show that in my life I never had an office on the 5th floor.”

Opalev: “You enter the fifth floor - on the right, I don’t know if it was his office... on the left.”

- So right or left?

- On the left.

— There is a government meeting room there.

— I told you, at the entrance to the 5th floor on the left. Now I don’t remember the location of the offices

- But you confirm that there, in the office on the 5th floor, I told you about VLK.

- You're throwing me off balance.

Navalny: “Vyacheslav Nikolayevich, I’m sitting in the dock, what’s the balance? You’re accusing me of something for which I face up to 10 years in prison.”

Laughter in the hall.

12:11 Anna Veduta, press secretary of Alexei Navalny

Navalny: Were you the author of the business plan that you provided to the government of the Kirov region?

Opalev: I don’t confirm;

N: We will ask for this business plan.

N: Taking into account the fact that we will request minutes of meetings of the regional government, was Officers present there more than once?

A: yes.

N: at these meetings, I told you directly, in your words, that you should sell through VLK?

Judge: what exactly did Navalny tell you?

A: so that I increase sales volumes of KOGUP.

N: You claim that we met in 2008. I arrived in the region in 2009, as can be seen from the media and so on. Are you still saying this?

A: I confirm what is included in the protocol of my interrogations.

N: Have I ever promised you profit, money, rewards, gifts?

A: You promised to assist the enterprise.

N: it was a direct responsibility. So I promised you money, gifts?

A: no, I didn’t promise

12:11 "Interfax"

The defense of oppositionist Alexei Navalny in the case of theft in Kirovles accused the court of violating the principle of adversarial and equal rights of the parties. Navalny’s lawyer raised an objection to the actions of the court, which allowed the prosecutor to read three times the testimony of prosecution witness Vyacheslav Opalev, which he gave at the stage of the preliminary investigation as an accused. “I want to express my objection to the actions of the court. By your actions you violated the rights of the defense and the principle of adversarial and equal rights of the parties,” said lawyer Olga Mikhailova. She explained that the court allowed the testimony given earlier by the witness to be read out before the defense began questioning.

12:00 PublicPost

Navalny asks Opalev to clarify what “whips on stumps” are.

11:59 PublicPost

Judge Blinov made a remark to Opalev, who refers to the read text of the testimony, but at the same time says that he does not remember the details.

11:55 Maria Eismont/PublicPost

“I have testimony, I will not repeat myself,” Opalev answers specific questions from the defense about forestry enterprises. After the break, which he was given due to poor health, he did not look any better.

11:46 Maria Eismont/PublicPost

11:45 Roman Pereverzev

Opalev learns the text and makes cheat sheets.

11:39 PublicPost

Opalev, who had just confirmed his testimony, admitted that he did not listen to them well because he was tired. A ten-minute break was announced. Navalny asked to ensure that no one communicates with Opalev at this time.

11:37 Maria Eismont/PublicPost

Navalny says he was deprived of an effective tool - interrogation of a key witness: "According to scientific research, for a person to remember something, he must hear it 4 times. Let's read it a fourth time."

11:34 Maria Eismont/PublicPost

To the prosecutor’s question, after reading his testimony three times, Opalev still clarified: “What was it like in the testimony?”

Laughing in the hall.

“They read it out four times,” Navalny’s lawyers say with a laugh.

“Let’s give Opalev time to learn his testimony,” suggests Ofitserov’s lawyer.

11:31 Maria Eismont/PublicPost

This is the third time we hear that Opalev should not have signed. He repents.

— Do you confirm?

- Yes.

- Completely, partially?

- Fully.

11:30 PublicPost

The readings are over. Opalev fully confirmed what he had read.

11:16 Maria Eismont/PublicPost

Prosecutors read Opalev's constantly repeated testimony from various volumes of the case. For the third time, it seems, the same story is heard about a visit to the forestry enterprise in Podosinovets... A Volga car... We spent the night in Shabalino. Today we also heard about how Navalny announced in his office that there would be no JSC, but an LLC.

11:04 Alexey Navalny

Wonderful. They read his testimony a third time. Even everyone in the hall already remembered the testimony. Did Opalev remember?

10:57 Anna Veduta, press secretary of Alexei Navalny

I understand that it is impossible to listen to this, but do you understand that they are reading in the second round?!

10:56 PublicPost

Judging by Opalev’s testimony, the agreement with Kirovles did not stipulate how much money VLK would receive—payment for timber supplies was to occur after the sale and purchase transaction was concluded.

10:52 Alexey Navalny

They actually read the opal text of the testimony at the investigation TWICE so that he can better remember what to talk about.

10:47 Alexey Navalny

Showed it to the lawyers. They laugh.

10:40 Alexey Navalny

SUDDENLY, the court grants the prosecutor's request to read the written testimony. That is, the witness is simply “reminded” of what he said. And this is all BEFORE questioning by the defense. What a beauty. How can written statements be read out before being questioned by the defense? They simply instruct him directly in court on what to say.

10:35 Anna Veduta, press secretary of Alexei Navalny

Opalev himself looks at the prosecutor in surprise. It seems to me that this was the first time he had heard this testimony. Davydova: “The prosecution talks about “mythical” contradictions.” When reading out the testimony in court, the prosecution simply reminds Opalev of the “testimony.”

Navalny: “This will interfere with the interrogation of the defense. Opalev has already said in court that Navalny promised him personal benefits, and in the text of the testimony - Officers.”

Is the prosecutor simply telling Opalev to make it difficult for the defense to interrogate? But the announcement continues.

10:20 Anna Veduta, press secretary of Alexei Navalny

Well, it's just not funny. We have a living witness in court who says exactly the opposite, and we listen to the prosecutor speed-read the writings of the Investigative Committee.

I’m not quoting Kafka’s readings to you because I can’t type that fast, and this nonsense is contained in the OZ. "Enjoy" yourself :)

10:15 PublicPost

The prosecutor reads Opalev's testimony with monstrous speed. It is almost impossible to take shorthand.

10:13 Anna Veduta, press secretary of Alexei Navalny

Judge: the court granted the prosecution's request to read out evidence, volume 26. The prosecutor continues the Kafka readings.

10:06 Maria Eismont/PublicPost

Blinov did not allow the defense to question Opalev before the prosecutor read out his testimony. Navalny claims that Opalev, who is confused in his testimony and does not remember anything, will be “prompted” what to say, because, Navalny suggested, “Opalev wrote his testimony under the dictation of the investigator.”

10:01 Anna Veduta, press secretary of Alexei Navalny

The prosecutor, despite all the clarifying questions asked, insists on the request to read the testimony in connection with the discrepancy in the amount of damage.

Kobelev (Navalny’s lawyer - editor’s note): at the pre-stage. During the investigation, Opalev was not warned of criminal liability for giving false testimony; he had a different status.

Navalny: The testimony that the prosecution is requesting to be read out was written under the dictation of the investigator. His trial took place 3 months ago - how can he not remember them, given the dramatic consequences this had in his life? The testimony was fabricated, I ask you not to read it out.

09:56 Leonid Volkov, deputy of the Yekaterinburg City Duma

The prosecutor said that Navalny stole Opalev and replaced him with another Opalev, because this Opalev was clearly not the same Opalev.

09:55 Ilya Yashin

Witness Opalev failed the task. Prosecutors themselves point out contradictions in his testimony. Essentially, the prosecution fell apart in court.

09:53 Anna Veduta, press secretary of Alexei Navalny

The poor prosecutor is blushing, trying to lead Opalev to the correct testimony indicating a “criminal conspiracy for the purpose of embezzlement.”

09:49 Maria Eismont/PublicPost

Opalev finished testifying. Prosecutors say he made significant inconsistencies. His testimony given during the investigation will be read out.

Lawyer Ofitserov: “Opalev’s explanations that he doesn’t remember some things are not a contradiction. His interrogation is not completed, he was not interrogated by the defense - the petition is premature and generally unfounded - nothing prevents you from asking clarifying questions.”

09:46 Maria Eismont/PublicPost

“They (Officerov and Navalny) sat and threw mud at our entire team,” says Opalev about the meeting at which the results of the audit were announced (the one that showed the unprofitability of the deal with VLK for Kirovles), after which the governor of Belykh decided to remove him (Opalev). It’s curious, but Opalev pronounced the phrase about “throwing mud at the team” noticeably more clearly and loudly - apparently, it really hurt him then.

09:45 Sssmirnov

I’ve been listening to Opalev for about 20 minutes now and I can’t understand why Navalny came up with such a boring article. There could have been some kind of robbery there.

09:40 Maria Eismont/PublicPost

Opalev talks in detail about his relationship with Navalny. The first meeting was at the end of 2008 - subsequently at a meeting with Shcherchkov. “Navalny called me into his office and said that no JSC would be created, but that there would be an “ooshka”.

“What powers did Navalny have in relation to Kirovles?” - asks the prosecutor. “What powers there were, I cannot say, I did not see the instructions, in any case, he was at all meetings with Shcherchkov and talked about Kirovles.

“Has the issue of your personal interest in VLK been discussed with Ofitserov and Navalny?” - “As such, no, but they told me: “If you work normally, your interests will be taken into account.”

"Who said that?" — the state prosecutor asks. “Navalny said it,” Opalev replies.

Navalny makes a puzzled face. Laughter in the hall.

09:34 PublicPost

Opalev: “Navalny is a close friend of the Belykhs. I understood this from the way they talked on the phone.”

09:32 Anna Veduta, press secretary of Alexei Navalny

About relations with Navalny. First meeting in 2008. Then at meetings where he was always present. Then they discussed how to establish sales.

09:28 Maria Eismont/PublicPost

The officers, says Opalev (on the question of pressure), kept hinting at someone at the top - when asked what was meant by “at the top,” he clarified that the regional government. Opalev immediately says that he and Navalny were together at meetings all the time. The directors of the forestry enterprises with whom I spoke just said that they saw Navalny once (and others not even once) at one meeting even before the conclusion of the agreement with VLK.

09:26 Anna Veduta, press secretary of Alexei Navalny

Claims that the contract was unprofitable, the terms were not spelled out. (Where then is the criminal agreement for the purpose of making a profit!!!)

Yes, someone tell him that the Investigative Committee has changed the plot of the case - he testifies as a victim, and he is an “accomplice” of a “criminal group”!!!

09:23 Maria Eismont/PublicPost

Opalev speaks quietly, sometimes you have to strain to hear everything. Answers questions with reluctance, often says “I don’t remember” - to almost every second question. “I don’t remember now.”

The initiative for greater transparency came from him (Opalev). But in the end, the agreement (with VLK) was concluded: “There were circumstances there.”

09:16 Maria Eismont/PublicPost

“Well, let’s clarify who was the director of VLK?” — the state prosecutor asks patiently.

“Officer Pyotr,” Opalev remembered.

09:14 PublicPost

Opalev: “I don’t remember much about the Vyatka Forestry Company, it happens...” Laughter can be heard in the hall.

09:11 Anna Veduta, press secretary of Alexei Navalny

The price for the products sold was determined by the commercial department, which studied the average market price in the region + transportation costs. Accusation: is the minimum price the same for all forestry enterprises? No. The price could change throughout the year depending on demand.

09:07 Maria Eismont/PublicPost

Opalev was called - this is the director of Kirovles, who went in a special order and admitted his guilt - he was a member of Navalny’s criminal group. In general, the accusation is mainly based on his testimony.

The judge warns of criminal liability for knowingly giving false testimony. Opalev is short, speaks calmly and somehow doomedly. He didn’t feel any hostility towards Navalny, he says. Navalny looks at him with a grin.

Opalev about the economic situation of Kirovles: “It was impossible to say that it was very bad, but in principle it was financially stable.”

09:04 Anna Veduta, press secretary of Alexei Navalny

Opalev. Sorry for the angle.

He knows Navalny and Ofitserov from the work of the Kirovles State Unitary Enterprise and does not feel any hostility. The forestry department was directly supervised, the founder was the property department.

09:03 PublicPost

The interrogation of witnesses began. The ex-director of the State Unitary Enterprise "Kirovles" Vyacheslav Opalev answers the prosecutor's questions.

08:59 Roman Pereverzev

The famous street artist Malyshev also stood up with a single picket.

08:59 PublicPost

Navalny came to court.

08:50 Roman Pereverzev

SuperAgitCube.

08:18 Maria Eismont/PublicPost

In the courtroom.

08:10 Maria Eismont/PublicPost

There are much fewer people in the hall than the day before. If a week ago people signed up at night (at half past twelve I was 22nd on the list for a hall for 60 people), yesterday the lists were written from 5 in the morning, today at 6 there was no one at all at the entrance to the court, and now, an hour before the start, the hall was barely a third full. Many of those who remain are planning to leave today. Before entering the court, my colleagues and I argued whether Putin would be asked about Navalny on a direct line - they say, if they ask, then interest in the court in Kirov will remain.

08:00 Alexey Vinogradov

Durov vs. Navalny on Google Trends for the last 30 days.

07:43 Maria Eismont/PublicPost

The first journalists.

07:41 Maria Eismont/PublicPost

At the court.

06:49 Vladimir Solovyov, TV presenter

It is surprising that none of the “non-system people” have yet stated that the authorities staged the massacre in Belgorod to divert attention from the trial in Kirov.

According to investigators, Alexey Navalny, a member of the opposition Coordination Council, blogger, creator of the RosPil and RosZhKH projects, organized the theft of timber in 2009, when he was an adviser to the governor of the Kirov region. Together with the director of Vyatka Forestry Company LLC, Pyotr Ofitserov , and the general director of KOGUP Kirovles, Vyacheslav Opalev, he stole 10 thousand cubic meters of forest products from May to September 2009, the Investigative Committee says. As a result, the Kirov region missed more than 16 million rubles from the budget.

Navalny was accused of organizing a large embezzlement of someone else's property (Article 33, Article 160 of the Criminal Code of the Russian Federation), Ofitserov - of complicity (Article 33, Article 160 of the Criminal Code of the Russian Federation). Vyacheslav Opalev admitted guilt and decided to make a deal with the investigation, so his criminal case was investigated separately. As a result, the court found the general director of Kirovles guilty, and the whole process is based on his confession.