The witnesses indicated by the investigators in the protocol for examining the discs with wiretapping of conversations between Navalny and Ofitserov are possibly fake. At least, the addresses they indicated in the protocol do not exist in Moscow. In response to requests from lawyers, Mosgorspravka and MosgorBTI reported that, as of May 2013, there are no such addresses in Moscow.
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Investigators consider transcripts of telephone conversations between Navalny and Ofitserov, which were wiretapped since 2009, long before the Kirovles case, to be one of the important evidence of the guilt of the defendants, although there is no indication of intent to steal the forest. On the contrary, Navalny several times offers by telephone to order, on the basis of a tender, an independent audit of Kirovles by one of the leading companies.
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According to the article of the Code of Criminal Procedure, all data in the protocols must correspond to reality, otherwise such a protocol and, accordingly, the wiretaps themselves must be excluded from admissible evidence.
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It is not clear why the investigators actually resorted to falsification, when problems with witnesses loyal to the authorities and living at real addresses usually do not arise. “We ourselves did not expect this,” admits Mikhailov’s lawyer.