Navalny's trial. Day ten

In the Leninsky Court of Kirov - another day of hearings in the Kirovles case. Today the topic of the day is wiretapping conversations between Alexei Navalny and Pyotr Ofitserov. There are a lot of obscene words in the remarks, but they are still read out in open court. The second process is a hearing on a complaint after searches at Navalny’s headquarters. Investigators were looking for extremist documents from him and took away the circulation of the newspaper “For Navalny.”

Broadcast by PublicPost.

18:55 Alexey Navalny

In short, the search at our headquarters was recognized as legal. KMBU

18:52 Maria Eismont, PublicPost

Finally, judge Tatyana Purtova returned and reads the decision. The prosecutor and investigator Daria Bashorina did not come to the announcement of the verdict.

Result: Navalny’s complaint cannot be satisfied.

18:32 Olga Romanova

Judge Tatyana Purtova of the Pervomaisky Court has disappeared in Kirov. She left during the day to write a decision on Navalny’s case and did not return. Call the police.

17:35 Alexandra Supereka, PublicPost

The judge left to write the verdict more than an hour ago and still has not returned. And people are waiting.

17:30 Alexey Navalny

People are trolling the NTV group of ChP, they played a song about them. NTV people complain to the bailiff: this song insults us, we demand to turn it off.

16:14 Interfax

The initiative to check the newspaper “For Navalny” for extremism was the Kirov regional government.

“On May 8, 2013, the government of the Kirov region received a leaflet “For Navalny”, which, according to initial data, was published in a circulation of 100 thousand copies, without the manufacturer’s installation data,” says the text of the appeal signed by Deputy Chairman of the regional government Alexander Pereskokov, dated May 8 .

“HAHA. This is great, it turns out that 100 thousand of the newspaper 'For Navalny' were confiscated at the request of the government of the Kirov region,” Navalny wrote and showed the document on Twitter :

16:13 Olga Romanova

An NTV film crew was found in the courtroom. The people are trolling them, and the good Navalny is interceding.

16:10 Maria Eismont, PublicPost

During the break, Navalny's supporters wearing white T-shirts with the words "Putin is a thief" talked with investigator Daria Bashorina. They tried to convince her that she was wrong. But Bashorina claims that she has a regular job, she received a message about a crime on duty - she arrived at the scene. And I didn’t see any sign about lawyers.

Meanwhile, a scandal broke out in the hall with the NTV people who came from the emergency program. Those present in the hall began to shout:

- NTV is lying! You are lying on my taxes (for my money - editor's note)! "You are Surkov's propaganda"!
“We are just listening to the judge’s decision,” says the girl from NTV.
-You are participating in the collapse of the country!

Navalny draws attention to the conversation in a raised voice:

- Young woman! Are you also from NTV?
- Yes.
- What a pretty girl. Aren't you ashamed?

Everyone applauds and laughs.

15:48 Alexey Navalny

The judge of the Pervomaisky Court of Kirov is wonderful. During the break between meetings, she made a bunch of requests and included the answers in the case materials.

15:44 Maria Eismont, PublicPost

The lawyer is sure that investigator Bashorina knew where she was going, she had the opportunity to wait for the receipt of the necessary documents establishing her legal practice.

Navalny: “I rented the premises legally; the photo tables do not contain photographs of the doors on which, as witnesses said, there were signs about Navalny’s lawyer.”

15:43 Alexandra Supereka, PublicPost

The court retired to deliberate.

15:40 Anna Veduta, Navalny's press secretary

Kobelev opposes the prosecutor: references to the decision of the council of the Kirov Chamber of Lawyers are not valid, since the premises were occupied by lawyers from another region. In addition, the investigator knew perfectly well where she was going and where she was; her actions were obviously illegal. N: the premises were rented legally. The case file contains no photographs of the door on which the sign was placed. The materials are deliberately falsified.

15:39 Maria Eismont, PublicPost

The prosecutor summarizes: “Law enforcement officers arrived at the address because they had sufficient information about the impending offense.” There were no visible signs indicating that legal practice was being carried out there, the prosecutor says. Brumm's statement that this was a lawyer's office was not confirmed by anything. And it was not possible to determine this by other means.

The seized materials belong to Bramm, and not to lawyer Navalny. Materials containing attorney-client privilege were not confiscated, and the lawyer’s rights were not violated, the prosecutor said.

15:32 Maria Eismont, PublicPost

The judge reads out a response from the Moscow Bar Association, confirming that Navalny is a lawyer. It appears that the judge was able to make many requests between the two hearings. It turned out who owns the premises on the street. Orlovskaya, 49 (Navalny’s headquarters in the city of Kirov), - Nikitina Susanna Vasilievna.

15:29 Anna Veduta, Navalny's press secretary

After the break, the response from the Moscow Chamber of Lawyers was read out, confirming Navalny’s status.

Navalny protests the actions of the judge: it is unclear how and how new documents appeared in the case, which N and the lawyer just learned about.

15:29 Olga Romanova

The judge's name at the Pervomaisky Court is Tatyana Purtova, we found out during the break. She didn’t introduce herself, the bailiffs don’t know her.

15:15 Alexandra Supereka, PublicPost

A break was announced for 10 minutes.

Photo: Maria Eismont/PublicPost

15:14 Maria Eismont, PublicPost

It immediately became clear that the judge had managed to send a request and receive a response from the Moscow Bar Association.

15:12 Maria Eismont, PublicPost

Navalny is going to complain against the judge. The conflict was caused by materials from the registration chamber, requested by the judge on her initiative.

Navalny demands a copy of her request: “You are conducting an investigation on your own initiative, looking for some information and pulling it out like a rabbit from a hat.”

Photo: Maria Eismont/PublicPost

15:05 Maria Eismont, PublicPost

Kobzev is free. The lawyer asked to question another witness, but the prosecutor was against it. We are talking about Roman Pereverzev, who conducted a video broadcast of the search. The judge denies the request. The lawyer insists, but puts it differently. The prosecutor is again against it and the judge again refuses.

15:00 Maria Eismont, PublicPost

Judge: “When were you last there before May 9?

Kobzev: “April 24, 25 or 26. I was there and there was definitely a sign on the office.”

14:50 Maria Eismont, PublicPost

Navalny's lawyer, Vadim Kobzev, is being interrogated. He assures that during the searches, attorney-client privilege of Navalny and himself as a lawyer was violated. Kobzev says that after the invasion he was forced to move the printer to the hotel.

14:48 Maria Eismont, PublicPost

In response to the judge’s next statement that “this issue does not relate to the complaint under consideration,” Navalny breaks down: “Your honor! I beg your pardon, have you read our complaint?”

14:40 Maria Eismont, PublicPost

The prosecutor asks what signs were on Navalny’s headquarters and whether it was possible to understand that lawyers were working in the premises. Bashorina says she doesn’t remember the signs. When asked if she knows the law on attorney-client privilege, Bashorina replies that she does.

Bashorina speaks as if from a piece of paper. “This is information obtained as a result of lawyering. The premises cannot be searched without a court order. But my actions did not violate the provisions of the article. I came there on a different matter and did not take investigative actions against Navalny’s lawyer.”

Photo: Maria Eismont/PublicPost

14:31 Maria Eismont, PublicPost

Investigator Bashorina was asked if it was true that she received the bonus after the search. But Bashorina did not have time to answer, because the judge removed the question. Far from the first. In response to the defendants’ protests that the questions are relevant to the case, the judge sternly states: “Your statement will be entered into the record.” At the third such statement, the audience laughs.

14:30 Maria Eismont, PublicPost

Navalny: How many copies do you need to determine whether this material is extremist?

Witness: One is enough.

Navalny: Why then were hundreds seized?

Witness: Because they could have been distributed.

Photo: Maria Eismont/PublicPost

14:18 Olga Romanova

The girl investigator has difficulty speaking, she is poorly educated and does not know the laws. However, she is allowed to decide the fate of people. Its own.

14:17 Anna Veduta, Navalny's press secretary

There was a proposal from Brumm to seal the premises, but Daria decided that urgent operational action was necessary. Doesn't answer the question WHY.

He cannot explain what was the reason for such urgency. Why couldn’t the premises be sealed and investigative actions carried out later?

14:15 Olga Romanova

They say that evil people trolled the girl investigator who illegally conducted a search of Navalny. However, it's worth it.

14:12 Anna Veduta, Navalny's press secretary

Kobelev asks the redhead what she was doing for 3 hours in the room: between 22 (arrival time) 1:00 - the beginning of investigative actions. She was aware that this was a lawyer's office and knew the law. She was offered to postpone the investigative actions, but they did not postpone it.

14:11 Maria Eismont, PublicPost

Investigator Daria Bashorina, who examined the scene of the incident, is being interrogated. This is the one who had tens of thousands of messages on her VKontakte page on the night of the search - reproaching, explaining, cursing and defending.

14:10 Alexey Navalny

Investigator Daria Nikolaevna Bashorina talks about how she confiscated extremist leaflets.

Photo: Maria Eismont/PublicPost

14:09 Maria Eismont, PublicPost

The film crew of the emergency program on NTV asked for permission to film. Navalny supports. Lawyer Sergei Kobelev asks that other journalists be allowed to film.

14:05 Alexey Navalny

Now they have come to the trial to search the headquarters. This time an investigator came and confiscated the leaflets.

14:04 Alexandra Supereka, PublicPost

The second court hearing of the day for Navalny began in the Pervomaisky District Court of the city of Kirov.

Navalny complained about the actions of law enforcement agencies who searched his headquarters on the night of May 9. Information appeared that Navalny had documents with extremist content - this became the reason for a night search. The complaint was considered on May 21.

Judge Tatyana Purtova has already questioned two defense witnesses - Vitaly Bramm and Denis Shadrin, who were present at the headquarters during the search.

13:16 PublicPost

That's all for today. The meeting will continue tomorrow, May 30, at 9:00.

Photo: RAPSI

13:15 Maria Eismont, PublicPost

Navalny: “You can’t erase words from a song.”

13:14 Alexandra Supereka, PublicPost

Prosecutors finished reading the wiretaps. Navalny has another trial at 14:00, they remind you from the courtroom.

13:12 Olga Romanova

Well, that's it, fuck, we've arrived. M1 buys tanks from M2. They've been discussing the chassis for about 10 minutes now. 10 tanks are being bought! The wiretapping ended after the purchase of ten tanks.

13:10 Maria Eismont, PublicPost

Navalny watches how the text of the wiretaps is read, and often cannot help but smile.

Photo: RAPSI

12:58 Alexandra Supereka, PublicPost

Navalny's wife Yulia is traditionally present at the trial. Of the ten days of hearings on Kirovles, she missed only one. In the background is Anna Veduta, Navalny's press secretary.

Photo: Maria Eismont/PublicPost

12:51 Maria Eismont, PublicPost

At the most interesting point, lawyer Vadim Kobzev reminded: “Your Honor! It’s time for us to go.”

This means that today in the afternoon Navalny and his lawyer have another trial - on a search in his headquarters. It starts at 14:00.

Judge Sergei Blinov has not yet responded. Prosecutors continue to read out the conversations between M1 and M2.

12:32 Maria Eismont, PublicPost

Now conversations between people designated “M” and “F” are read out.

12:28 Maria Eismont, PublicPost

When the bills were read, the prosecutors changed and did it one by one. The obscene wiretaps are read by the senior prosecutor from the very beginning. He seems to like it.

Photo: Maria Eismont

12:19 Olga Romanova

Conversation between Navalny and Ofitserov, performed by the prosecutor. "M1: obscene. M2: obscene. M1: obscene." (Very informative).

Olga Romanova. Photo: Maria Eismont/PublicPost

12:17 Maria Eismont, PublicPost

When the word “obscene” is used more than twice in a phrase, the audience laughs.

12:07 Maria Eismont, PublicPost

The reading of the wiretaps began. The prosecutor replaces obscene words with the word “obscene” - he reads it funny, it seems that with expression and much more enthusiasm than payments.

12:07 Olga Romanova

Navalny and Ofitserov are designated in the wiretapping protocol as “M1” and “M2.” “Hello, Lyokha,” says M1.

12:03 Maria Eismont, PublicPost

Navalny announced that he does not object and even welcomes the disclosure of wiretaps in an open trial, “since these recordings - unfortunately, with a lot of profanity - testify to my innocence.”

Navalny and Officers asked the listeners for forgiveness for the swearing. There is cheerful excitement in the hall. Everyone is discussing how to replace swear words when reading wiretap recordings.

Prosecutors suggest using “obscene words,” lawyers disagree: “Then how will you investigate this?”

“We suggested not to investigate,” the lawyers smile.

Judge Blinov asks the media broadcasting to display an age restriction sign.

Judge Blinov. Photo: Maria Eismont

11:49 Alexandra Supereka, PublicPost

The lawyers again asked not only to declare the evidence inadmissible, but also to demand documents from the FSB. Judge Blinov says that we will talk about this later.

11:46 Maria Eismont, PublicPost

The judge allowed the prosecution to disclose the data of operational-search activities. Nobody is surprised.

11:44 Alexandra Supereka, PublicPost

Well, the break is over. Let's continue.

11:40 Alexandra Supereka, PublicPost

Article 121 of the Code of Criminal Procedure, to which Davydova referred: “The petition is subject to consideration and resolution immediately after its application. In cases where an immediate decision on a petition submitted during the preliminary investigation is impossible, it must be resolved no later than three days from the date of its application ".

11:32 Anna Veduta, Navalny’s press secretary

The judge and lawyers argue over Article 121 of the Code of Criminal Procedure. The judge believes that he can resolve the motion when he sees fit. In the Code of Criminal Procedure - immediately. And guess what? The Code of Criminal Procedure actually says what the defense says, not what the judge says. So the judge had to leave to make a decision. :)

11:32 Maria Eismont, PublicPost

Blinov had no choice but to announce a 10-minute break and retire to the deliberation room to respond to the defense motion.

"Great process!" - Olga Romanova said, leaving the hall for a break.

Photo: Maria Eismont

11:30 Alexandra Supereka, PublicPost

The defense believes that the petition was filed in a timely and reasonable manner. The judge says the defense can make motions at any time, but the court can delay their resolution.

Defense of Navalny. Photo: Maria Eismont/PublicPost

11:30 Maria Eismont, PublicPost

The proceduralist Davydova again clashed with Judge Blinov under the Code of Criminal Procedure.

Judge Blinov proposed to first make the wiretap public, and then accept the defense’s motion to recognize it as inadmissible evidence. Davyvod’s lawyer objected: “This is illegal, the Code of Criminal Procedure requires an immediate response to the stated petitions.”

“Tell me such a norm of the Code of Criminal Procedure,” suggested Blinov.

“Article 121 of the Code of Criminal Procedure,” Davydova quickly answered and read out from a worn book of the code: “The petition is subject to consideration immediately after its application.”

11:28 Alexandra Supereka, PublicPost

Judge Blinov: “The defense takes upon itself the unusual function of conducting a criminal trial, in particular, independently deciding when to file which petitions.”

11:26 Maria Eismont, PublicPost

Mikhailova recalls that the first criminal case against Navalny and Ofitserov appeared on May 10, 2011, and the wiretapping order dates back to August 2009. According to the law, Navalny’s lawyer assures, the phonograms should have been destroyed back in 2010, but instead they were transferred to the Investigative Committee.

A number of telephone conversations, Mikhailova continues, were carried out after 180 days (the maximum possible period for wiretapping determined by the regional court), but there is no new court order for wiretapping.

The wiretapping materials are unacceptable evidence, says Mikhailova, since the decision was made in violation of the norms of the Code of Criminal Procedure, Article 8 of the European Convention and Article 28 of the Constitution , and therefore cannot be read out at this meeting.

11:22 Maria Eismont, PublicPost

The question of the disclosure of wiretaps of telephone conversations of the accused has again arisen.

Mikhailov’s lawyer reads out (as usual, loudly, clearly and in places with expression) a statement about the illegality of the decision of the Kirov regional court of August 3, 2009 to allow the wiretapping of telephone conversations between Navalny and Ofitserov.

The court was not provided with or examined materials indicating the existence of grounds for wiretapping, the lawyer says. Mikhailova recalls that the defendants were wiretapped not as part of the case brought against them, but as part of a completely different case - against the former head of target programs of the government of the Kirov region Roman Shipov (who was ultimately sentenced to 5.5 years in prison, Part 4 of Article 159 - especially major fraud).

Mikhailova recalled that investigations of crimes under this article are carried out by investigators of internal affairs bodies, and not by the FSB.

11:16 Alexey Navalny

Hahaha. The defense established that the wiretapping was carried out with fake witnesses. At least their "registration addresses" do not exist.

10:59 Maria Eismont, PublicPost

The police officers who are on duty at the intersection of Leninsky Court - Puppet Theater (traditional place of pickets for Navalny’s supporters) - Post Office (traditional place of pickets for Navalny’s opponents) said that they had accumulated a lot of confiscated posters “Putin is a thief.”

“Only I have 12 of them confiscated. Some of our employees are thinking of hanging them on their walls at their dacha,” jokes one of the employees.

“When there was music, it was more fun,” the police say, referring to the time when the Kirov authorities coordinated the rally and Navalny’s supporters handed out leaflets accompanied by Shevchuk’s songs and addressed passersby through a microphone.

Rallies ceased to be coordinated after three complaints about the noise came to the city hall - from the court, the puppet theater and mail.

Photo: Maria Eismont

10:53 Maria Aismont, Publicpost

The prosecutor reads the testimony of Arzamassev at the preliminary investigation. Various reasons led to the bankruptcy of Kirovles, he (Arzamassev) tried to bring to the leadership the need to reform Kirovles. I learned about the VLK after the audit that was conducted according to him, Arzamassev, the initiative (this refers to the same examination that Navalny considers the custom, and the regional officials who performed at the trial were called controversial and unprofessional).

According to the results of the audit, Arzamassev said during the investigation, it turned out that an agreement was concluded between Kirovles and the VLK, which was unprofitable for Kirovles. Opalev explained to Arzamastsev the conclusion of this agreement by the fact that the head of the VLC officers promised to attract new contracts. Opalev did not speak Arzamastseva on Opilya, Opalev did not speak.

Requesting the testimony of Arzamamasov took much less time than disputes about the possibility of their announcement.

10:41 Maria Aismont, Publicpost

Davydov’s lawyer: “We, maybe we would have agreed to announce the testimony of Arzamamassev if a confrontation between him and our clients was conducted. Announcing the testimony of the witness given to the investigator to them during the preliminary investigation, depriving our clients' opportunity to ask him the questions that interests him, The court will violate the defendants and put the accused in unequal conditions.

Navalny, supporting the objections of the lawyer Davydova: “The Baltic countries are small countries (the Kirov media wrote that Arzamassev could be in one of the Baltic countries), and since the expenses for this court are huge, I propose to apply to the foreign intelligence service so that they are in these Small countries have been working on the discovery of Arzamamassev. "

The judge decides to announce the testimony of Arzamamamsev at the preliminary investigation.

10:28 Mary Aismont, Publicpost

The witness of Konstantin Arzamamamsev was not found again. The prosecutors reported on the measures taken to detect it, they said that in the morgues he was not, that he was put on the federal wanted list.

We are talking about the former head of the Department of State Property of the Kirov Region, which disappeared after accusations of exceeding the official powers in the sale of part of the shares of the Urzhumsuki Tinnitskor.

The prosecution has not been the first time to ask the court to allow them to read the testimony of Arzamamasov, given at the preliminary investigation. The defense protested and asked to carefully look for a fugitive.

10:20:20 Alexander Superk, Publicpost

Navalny tried to find out what a centralized contract is and how the minimum price is set. Knyazev again begins to "wag" and move away from answers.

It turns out that during the interrogation to the FSB, which Knyazev remembered, they talked about Peter Opalev. They did not talk about Navalny there.

Knyazev is released.

10:15 Maria Aismont, Publicpost

In Kirov, the landing of Rus' sitting. According to Olga Romanova, their "thirty man", I saw about ten, including the 9-year-old girl Polina, who came with her dad.

Part of the landing came to the courtroom, the other is in the pickets on the street. All in white T -shirts with the inscriptions "Putin - Thief" and "For Navalny", but more - in T -shirts with Putin. Despite the doubts of some visitors, in this form they were allowed into both the building and the courtroom.

Photo: Maria Eismont

10:14 Alexander Superk, Publicpost

Knyazev said that he was interrogated twice: in the Kirov FSB and at home. Both interrogations were in the case of Navalny. Or maybe not.

Navalny suggests Knyazev to say how it was. They agreed that Knyazev in the FSB interrogated about Navalny.

10:11 Alexander Superk, Publicpost

Officers asks: "Are there cases when KOGUP demanded to reduce prices?" Princess says not. Officers: "That is, Kogup accepted your prices and even raised a little?" Knyazev says yes.

“You can't know if money came for your products kogup?”

- Today is not.

- And then?

Witness Knyazev says that money about money was received from an accountant from Kogup.

10:09 Alexander Superk, PublicPost

Officers asks Knyazev to clarify what poles are. Knyazev explains that the pillars are 8, 9 or 11 meters, have their own diameter and do not have bark.

10:04 Alexander Superk, PublicPost

The debt from the VLK may have been, says Knyazev, but it seems to him that he was repaid. Davydova asks at what prices were the supply of VLK. Knyazev replies that the delivery was one, which was the benefit, he does not remember again.

Knyazev said in the testimony that the forestry did not carry transportation costs, the cost of supplying the balance sheet was not lower than the cost of products at prices approved for 2009.

09:55 Anna Vedita, press secretary of Navalny

Well, it is impossible. The prosecutors press on the witness, forcing him to "remember" that he confused everything and interrogated his investigator, and not the FSB. AD.

09:52 Alexander Superk, Publicpost

Davydova’s lawyer filed a request for the announcement of the interrogation protocol. I also found a contradiction in the testimony of the witness Knyazev.

09:51 Alexey Navalny

Cool. Another witness says that he was interrogated by the FSB in the building of the regional FSB. And in the protocol it is a police in the city of Belaya Kholunitsa.

09:50 Alexander Superk, Publicpost

Witness Knyazev answered the lawyer Davydova that he was interrogated in Kirov. The protocol says that the interrogation was held in Belaya Kholunits.

09:49 Anna Vedyta, press secretary of Navalny

Cool. Dore readers dubbed the rampant amnesia of witnesses "Syndrome Opalev." And the judge, meanwhile, satisfied the petition of the prosecutors (KMU).

09:43 Alexandra Superk, Publicpost

Knyazev does not remember the meetings that they talked about the VLK. But earlier, in written testimony, he spoke about the debt of the VLK to Kirovles. The court indicates the contradictions, and Knyazev recalls something.

09:42 Anna Vedita, press secretary of Navalny

We again have a witness with failures in memory.

09:35 Alexander Superk, PublicPost

The interrogation of the witness of Vladimir Knyazev begins-the ex-head of the Belokholunitsky forestry "Kirovles". Knyazev says that he does not remember whether he was interrogated earlier in this case. Prosecutors demand to read his written testimony. The judge permits.

09:35 Anna Vedita, press secretary of Navalny

As well as the refusal to recognize evidence unacceptable means that you will find a listening.

09:31 Alexander Superk, Publicpost

Judge Sergei Blinov said that he recognizes the answers of mobile operators at the request of investigators by legal evidence.

09:30 Alexander Superk, PublicPost

The judge returned. He announces the decision to recognize unacceptable evidence of requests and answers from Megafon, MTS and Vimpelcom by subscriber numbers of Navalny and Officer.

09:04 Alexander Superk, Publicpost

The meeting has begun. Prosecutor Evgeny Cheremisin says evidence is legal. The judge announces a break of 20 minutes.

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.