Navalny's trial. Day fifteen

On the fifteenth day of the hearing in the Kirovles case, Alexey Navalny was supposed to be brought by bailiffs, but he arrived on his own. Defendants Navalny and Ofitserov gave evidence, their lawyers filed a third challenge to the judge. PublicPost continues broadcasting from the Leninsky Court in the city of Kirov.

17:58 Maria Eismont/PublicPost

The prosecution does not consider it necessary to call these witnesses, since they “will not say anything new,” and the experts “have already stated their arguments in the conclusion.”

Davydova raises her voice: “We didn’t say anything when the defense interrogated 158 foresters, who essentially did not give any explanations on the charges presented. And now, according to the prosecution, the defense has nothing to do except interrogate the accused, so that then the judge leaves for sentencing."

Blinov: “Let’s listen to the end first, and then speak out.”

Davydova: “Because it’s dishonest.”

As a result, a break is announced until 10 a.m. - an hour later than usual, to allow the defense to prepare documents for reading at tomorrow's meeting.

17:55 Maria Eismont/PublicPost

Judge Blinov asks the defense to explain who these people are whom the defendants' lawyers are asking to be called to court as witnesses.

Davydova: “When the prosecution presented a half-page list of witnesses separated by commas, the court was not interested in what testimony the witnesses would give and for what reason.”

Blinov: “To confirm what circumstances are you going to invite them?”

Davydova: “You are committing a procedural violation.”

And yet he explains who its witnesses are: VLK employees who will be able to testify on the concluded agreement, psychological and linguistic experts, “to clarify their methods, on the basis of which they came to certain conclusions,” specialists from the Investigative Committee and auditors.

17:51 Alexey Navalny

So, Davydova began to get angry. Everyone put their heads on their shoulders.

17:49 Maria Eismont/PublicPost

Davydova gave Blinov a list of witnesses with addresses and telephone numbers. The defense petitions to summon them to court.

Blinov reads out a list of witnesses, including two people from Volgograd and a person from the Investigative Committee in the Kirov Region.

17:43 Maria Eismont/PublicPost

Blinov asked Davydova if it was possible to call witnesses for tomorrow - for example, witness Votinov, who has been in the Kirov pre-trial detention center since testifying in court, since the defense then stated that they might still need him for questioning.

Davydova objects: “We said that we might need the witness Votinov when presenting evidence, but we did not say that we would definitely need him on the 18th.”

Advisor to Governor Nikita Belykh Andrei Votinov was sentenced in May last year to three years in prison for fraud on an especially large scale - according to investigators, he extorted a bribe from the director of Kirovles, Vyacheslav Opalev, in order to keep him in office.

17:40 Daniil Kolomiychuk/PublicPost

The announcement is over. Blinov asks Davydova about plans for tomorrow.

17:31 Alexey Navalny

Cool: the amount of bonuses paid to the management of Kirovles is 19 million rubles higher than the profit of Kirovles for 2008.

17:17 Daniil Kolomiychuk/PublicPost

Prices for sawlogs, logs and unedged lumber are compared. Blinov is meditating on a fountain pen; there are practically no journalists left in the room.

16:49 Petr Ofitserov

I’m listening to the report and have already heard three reasons for a criminal case against Opalev. But the prosecutors don’t listen, they have otitis media. :)

16:38 Daniil Kolomiychuk/PublicPost

Davydova continues to read out the materials of the second audit: during the crisis year, the car fleet grew - forestry enterprises had about 200 cars. According to the auditor, this was economically unjustified.

Photo: RAPSI

16:36 Daniil Kolomiychuk/PublicPost

Navalny writes on Twitter : “Oh, the news has arrived. My brother’s house is being searched.”

16:30 Alexey Navalny

Julia asked to wave at the camera. I waved. Davydova stopped her reading and stared at me in amazement.

16:08 Daniil Kolomiychuk/PublicPost

Davydova: “Only 9 out of 36 forestry enterprises were able to show positive results in 2009.”

15:44 Alexey Navalny

Awesome. In the case file, there is a cop operative report stating that I did not receive any money from the VLK. What am I doing in court then?

15:34 Maria Eismont/PublicPost

Davydova reads out a certificate according to which more than 16 million rubles were credited to the VLK account. Written off: 14,989,000 rubles, including 12 million rubles to KOGUP Kirovles, 726 thousand rubles - payments to suppliers, taxes and customs payments - 329 thousand rubles.

That is, in fact, the documents show where more than 16 million went, the theft of which Navalny is accused of.

15:26 Daniil Kolomiychuk/PublicPost

The meeting continues. The materials of the law enforcement audit based on VLK documents are read out.

15:09 Daniil Kolomiychuk/PublicPost

Ten minute break.

15:03 Daniil Kolomiychuk/PublicPost

The second volume is finished. Davydova moves on to the third volume and reads out Officerov’s income certificates.

14:52 Daniil Kolomiychuk/PublicPost

Alexei Navalny writes on Twitter : “Davydova is reading documents, she is always in the frame, and I am sitting next to her. I should have sat further away, now I would sleep.”

14:31 Daniil Kolomiychuk/PublicPost

Davydov’s lawyer continues to read out additional agreements to the contracts in which the terms of supply of “pine sawlog” are agreed upon.

14:15 Maria Eismont/PublicPost

The results of the work of KOGUP "Kirovles" according to Deputy General Director for Financial and Economic Activities Bastrygina L.G.

“The forestry industry is more susceptible than others to the influence of the economic crisis. The crisis has had a negative impact on the forestry industry in general and on the Kirovles enterprise in particular.

— For the first half of the year, revenue was 61% of the plan.

— Due to the fall in demand, the plan for product sales has not been fulfilled.

— Accounts receivable from buyers and customers have increased.

— Debts to suppliers increased by 7 million rubles.

— Debt to personnel increased from 2 to 32 million rubles.

Photo: RAPSI

14:10 Maria Eismont/PublicPost

Blinov to Davydova: “If the court grants the defense’s request for the disclosure of the documents you specified, will you then have a motion to recognize these documents as inadmissible evidence?

Davydov, surprised: “No, of course, since we are asking for these documents to be made public.”

Prosecutors don't object.

Photo: Maria Eismont

14:03 Daniil Kolomiychuk/PublicPost

Let's continue. Davydov's lawyer reads out a list of documents that the defense wants to read out.

Photo: Maria Eismont

12:57 Maria Eismont/PublicPost

During the break, Navalny talks with supporters.

Photo: Maria Eismont

12:36 Daniil Kolomiychuk/PublicPost

The defense is haunted by the unregistered witnesses' addresses - the lawyers ask to send a request to the Military University - whether they really have barracks on their books, the addresses of which are indicated in the protocols. Blinov satisfies his request.

The meeting was adjourned until 14:00.

12:31 Daniil Kolomiychuk/PublicPost

The fire alarm in the hall suddenly goes off. Everyone flinches from the sharp sound.

12:22 Maria Eismont/PublicPost

Prosecutor: “Where did the profit go?”

Officers: “We paid rent, we paid salaries, we paid taxes to the budget of the Kirov region, we even had Microsoft Office licensed.”

Prosecutor: “Have you paid off your debts with Kirovles in full?”

Officers: “No, not in full, but I have already said that there are no documents for most of the debt, even when turning to the arbitration court, they could not provide documents, and the court refused them, despite the fact that we did not send our person to the court , but they immediately said: whatever the court decides, so it will be.”

Prosecutor: “Who called and invited you to a meeting with the governor?”

Officers: “The governor’s receptionist. It was an outstanding call, because the employee who answered the phone came running with bulging eyes and said that the governor was calling. It turned out that it was not the governor, but an employee of his receptionist. This is not forgotten.”

Photo: Maria Eismont/PublicPost

12:10 Maria Eismont/PublicPost

Davydova: “Did you participate in the meetings of KOGUP Kirovles?”

Officers: “Once. There were only two such meetings in my life, the second in the Ryazan region. Opalev invited me to talk with the forestry authorities. I thought that there would be several people there. On the appointed day, there was no one in Opalev’s office, the secretary came in and said : “Come on in,” he leads me into the assembly hall and closes the door behind me. Opalev immediately takes me into the presidium and says: “But Pyotr Yuryevich will tell you about the sales policy of our company. Pyotr Yuryevich said all sorts of nonsense that can be said in such a situation.”

12:04 Maria Eismont/PublicPost

Davydova asks Ofitserov to evaluate the audit report of Vyatka-Academaudit.

Officers: “This is not an audit report, but an order. This has the same relation to auditors as hedgehogs have to aliens. It is impossible to carry out such a volume of work in 4 days.”

Photo: Maria Eismont

11:57 Anna Veduta, press secretary of Alexei Navalny

Ofitserov says that, having agreed on the sale of the match log (coveted by Opalev), they were faced with the fact that they had shipped GARBAGE, and not timber. KOGUP has still not been able to process the documents properly. According to the documents that were drawn up, we paid for everything. Now VLK's debt has accumulated on those invoices that did not exist.

11:50 Maria Eismont/PublicPost

Ofitserov explains how prices for forest products were formed: “Prices were always agreed upon. Kirovles sent a list of prices for products - the so-called base prices, from which we traded either up or down. But in May they sent 30-50% more expensive, than the market average. I came to them and said: what is this? They laughed and said: “Well, you’re a newbie, maybe it’ll work,” they laughed and corrected it to the market average.

Each application was a kind of bargaining. They said: we have expenses and we must earn money! I said: if the price is higher than the market, the client will not buy from me. Therefore, when they say that the price (offered by Ofitserov) was below the market price, it makes them laugh, but it’s not true.”

11:45 Maria Eismont/PublicPost

Davydova: “Did you threaten Opalev, tried to force him to do something?”

Officers: “Well, of course not. Can you imagine: a person occupies a serious position in a large enterprise, and a person comes who is old enough to be his child, from a company that is only a few months old. How could I force him?”

Photo: RAPSI

11:42 Maria Eismont/PublicPost

Officers: “We agreed that we would cooperate, but did not discuss specific conditions. Opalev talked about his problems and said how glad he was to see me. When I arrived in March and started hiring employees for work, I rented an office and an apartment from me expenses came up, I began to negotiate with Opalev to conclude a contract.

Opalev was in favor, he met me as a close relative, but we could not agree on one thing: he wanted an advance payment, and I offered to load it on deferment. This was the only stumbling block, the only point on which we could not agree. By the end of March - beginning of April, the situation worsened, his debts grew, and he finally agreed to work. They sent their contract, I just inserted a few important points for me about the execution of the contract. In April, Opalev agreed to sign the agreement."

Davydova: “Who prepared the agreement?”

Officers: “Bura. I said what my wishes were, but she drew up the agreement.”

Davydova: “You insist that the agreement was prepared by Kirovles employees?”

Officers: “Yes, because that’s how it all happened.”

11:41 Maria Eismont/PublicPost

The defense began interrogating Ofitserov.

Davydova: “When did you come to Kirov? How did you meet Opalev? Tell us from the very beginning.”

Officers: “In February, on the Vyatka train. The purpose of the trip was to study the market. 2009 was a year of crisis, my business shrank, and I decided. Everyone said that Belykh invites entrepreneurs and will promote business development in the region.”

Davydova: “Did you come to Opalev on your own, or did someone accompany you?”

Officers: “On my own, because I’m already an adult.”

11:40 Alexey Navalny

By the way, did you notice that they didn’t ask me a single question about 16 million, etc.?

11:33 Daniil Kolomiychuk/PublicPost

Let's continue.

The court proceeds to the interrogation of Ofitserov. Blinov reads him his rights.

Photo: RAPSI

11:21 Daniil Kolomiychuk/PublicPost

The court was adjourned until 11:30.

11:19 Roman Pereverzev, civil activist

The judge asked Navalny if he was the boss. Navalny to the judge: “Is the regional administration your boss?”

11:12 Maria Eismont/PublicPost

Judge Blinov asks how Navalny will explain that when calling Ofitserov, whom he, in his own words, “did not single out,” he called him at such a time that he had to ask if he woke him up?

Navalny replied: “In Moscow, apologizing for a morning call after hearing the sleepy voice of your interlocutor is simple politeness.”

Photo: RAPSI

11:09 Maria Eismont/PublicPost

Prosecutors are asking to characterize Navalny’s relationship with Ofitserov.

Navalny: “It was a relationship between just 2 acquaintances, I was interested in him providing information about the situation in Kirovles, I had the task of helping all businessmen, but I did not single him out from any circle. Since Ofitserov also lived in Moscow , periodically we contacted: “Which train will you take?”

Prosecutor: “How many times did you call each other?”

Navalny: “Many times, especially during the preparation of the audit report and from the beginning of the violent conflict between me and Opalev, which led to the ordering of the audit report. As part of preparing a review of the audit report, I called him several times a day.”

11:04 Maria Eismont/PublicPost

Prosecutors: “Did you participate in the development of the agreement between Kirovles and VLK?

Navalny: “No. Officers sent it to me with a request to see how many people send papers to lawyers - “look”, but I, as you know, did not even respond to this letter. Subsequently, I studied the contract to prepare a review of the audit report, because in it he appeared as “enslaved.” In fact, it was a normal agreement, and, as we know, when the foresters did not want to, they did not fulfill it.”

10:55 Daniil Kolomiychuk/PublicPost

At the same time, according to Navalny, Kirovles had 83 lawyers - in fact, two for each forestry enterprise.

Photo: RAPSI

10:50 Anna Veduta, press secretary of Alexei Navalny

AN many times demanded Opalev to provide documents - balance sheet, etc., in order to analyze the financial condition of the enterprise. At the same time, they did not know how to use a computer, could not draw up reports in Excel, and drew signs with grief in half in Word.

10:43 Anna Veduta, press secretary of Alexei Navalny

As a voluntary adviser, AN carried out the instructions of the governor. One of these orders was to understand Kirovles in detail. As part of this assignment, AN was present at meetings; his status was known to everyone and was not in doubt. No one could be mistaken about this. A working group was created to study Kirovles in order to make some final decision on the state of the enterprise and further actions. AN actually resigned from the commission after Opalev, whose dismissal the AN demanded, was reinstated.

10:42 Maria Eismont/PublicPost

The prosecution is concerned with the question: did Navalny have a separate office in the regional government?

Navalny replies: “No, but there was a cabinet of advisers.”

Photo: RAPSI

10:37 Anna Veduta, press secretary of Alexei Navalny

The officers were never asked by AN to influence KOGUP or provide protection. Although he has repeatedly complained that Kirovles does not sell. Officers was one of those people who regularly reported that Kirovles did not ship timber. But he never asked for any administrative resource. AN talked about creating a timber exchange to make sales transparent, but it soon became clear that the idea was unrealizable because there was nothing to sell there.

AN's demands on Opalev were based on the law - to report on sales, to make them non-cash through a single white account.

AN: Opalev and Bastrygina had some kind of monstrous scheme, contrary to the law, with sales through a power of attorney for cash, etc.

10:34 Maria Eismont/PublicPost

Navalny: “I never intended, did not plan and did not receive any funds, benefits - material and intangible - from the interaction of VLK and Kirovles. I never gave Ofitserov money, and Ofitserov never gave me money, did not buy /d tickets, didn’t pay for my apartment, etc.

If you like, I had to provide the Whites with a success story: there was a terrible enterprise, a new governor came and made something decent out of a terrible enterprise. That was my task."

Photo: Maria Eismont

10:32 Maria Eismont/PublicPost

Navalny: “Regarding my participation in meetings with foresters: the only event with foresters that I attended was the congress of the foresters’ trade union, at which I sat with an important look in the presidium, while the trade union leaders congratulated each other and said what wonderful foresters they are There was no Ofitserov there and there was no discussion of the VLK there either.”

Photo: Maria Eismont

10:30 Maria Eismont/PublicPost

Navalny: “I accused Opalev and his inner circle, which consisted of his daughter and Bastrygina, of corruption - the conflict moved into the open stage. They knew that I was getting real information from Ofitserov, and in order to counteract me, they fabricated an audit report a conclusion that told what a terrible company VLK is.

The governor asked me to provide feedback on this conclusion. I prepared it for several days, I asked Ofitserov for information, and in the end I wrote about everything, including the fact that funds for fuel and lubricants and transport tariffs are being stolen in Kirovles. “My conclusion calls on you to never use the services of this audit company again and even consider the possibility of initiating criminal proceedings against them.”

Photo: RAPSI

10:24 Maria Eismont/PublicPost

Navalny: “At some point, my acquaintance Officerov called me and invited me to meet. At the meeting, he said that he had responded to the call of Governor Belykh, who stated that he would like entrepreneurs to come to the Kirov region.

Officers said that he had heard the call of the News, came to engage in forest, by that time he had already met Opalev and visited the Kirovles enterprise. I never introduced Opeva to the officer - they met on their own. I used my acquaintance to understand what was happening there, to understand the mechanics of pricing, the real presence of the forest. "

10:21 Maria Aismont

At the meeting, Kirovles was discussed, an enterprise where 4 thousand people work, there are large salary arrears, they had claims of the prosecutor's office, which oversaw enterprises delaying salaries.

Opalev, says Navalny, explained in the regional government that the main problem of the enterprise is a sales problem, and if you solve it, then all multimillion -dollar debts can be repaid.

Photo: Maria Eismont

"The Governor of the Belykh ordered to analyze in detail what is happening with Kirovles. To this end, I studied the documents of Kirovles, requested documents on Kirovles, met with Kirovles counterparties, and I performed multiple actions to help Kirovles to help "With sales - we went to Solikamskbempuprom, sent letters to Kotlaski Central Bank, etc., to help with sales."

10:17 Anna Vedyta, press secretary of Alexei Navalny

AN talks about the actions that they and the whites took to help the KOGUP with sales.

"At numerous meetings, the debts of the KGUP, loans, etc. were discussed. The governor gave me an order to carefully check what was happening. Later, a friend of the officers called and offered a meeting. At that time, the whites led an active PR campaign to attract entrepreneurs to Kirov."

Therefore, Officer's call did not surprise - this was an ordinary event then. Officers have already studied the market and met Opalev, asked for advice. An officer was delighted by the officer, as he would be delighted to any entrepreneur ready to help Kogup with sales. An did not introduce Officer to Opalev.

Since the AN had the task of thoroughly studying Kirovles, he used his acquaintance with oh to find out what was actually happening in Kirovles.

10:10 Maria Aismont

Navalny: "The Governor of the White made me proposals to become a civil servant, but I did not accept the proposal and remain an adviser on a voluntary basis, my status remained so."

Photo: RAPSI

10:05 Daniil Kolomiychuk/publicpost

Blinov returned. Reads out the resolution. The challenge of the presiding judge was refused. Navalny is caused to testify: "The accusation is absurd, it contradicts examinations and testimonies."

09:43 Olga Kuzmenkova, correspondent "Gazeta.ru"

I was driving in one compartment with a lawyer who conducts another loud business in Kirov. He says that the work on Kirovles has already cost the state 100 million. Spend 100 million to investigate the “theft” of 16 million. I love such effectiveness!

09:24 Daniil Kolomiychuk/Publicpost

Blinov is removed to make a decision on his own withdrawal. Break to 09:55.

09:23 Maria Aismont

Navalny supports the statement of Kobzev’s lawyer and complements: “The events that are described in the statement of allocation looked disgusting and undermine confidence in the court completely. When we follow the online court session and we know that the new meeting was announced, the investigator is running away wherever -For 15 minutes, he returns and tries to give the agenda to the question of who he is and why to hand the summons in his competence, he grins and shows with all his appearance that it is in the UK that they are in the courtroom.

09:18 Maria Eismont/PublicPost

The reason for the discharge of the judge is the conflict with the simultaneous challenge of Navalny for interrogation in the UK in Moscow and the court in Kirov on June 13. So far, the court was being decided on the arrest of the defendant for failure to appear at the hearing (the prosecutors asked for this), in Moscow in the UK Navalny and his lawyers were handed the subpoena to the court for the 17th - that is, the decision of the judge of Blinov did not arrest the defendant, but to ensure his drive On the 17th court, the Moscow Investigative Committee was known in advance. Kobzev believes that the actions of Judge Blinov speak of his non -independence and indicate his obvious interest in the outcome of this criminal case.

Photo: Maria Eismont

Kobzev: "The judge is not free of influence from the outside, is not independent and impartial, not capable of making a decision, guided exclusively by law, and therefore, is subject to the withdrawal."

Blinov is transmitted copies of one -time passes in the UK.

09:09 Alexey Navalny

The main basis for the withdrawal: the court subpoenes prescribes the UK, and he determines the dates of the meetings, and not a judge at all.

09:05 Daniil Kolomiychuk/publicpost

The hearings began. Lawyer Kobzev reads an application for the withdrawal of a judge. The statement said that Judge Blinov knew that Navalny had a summons to the Investigative Committee before he appointed the meeting.

09:01 Maria Aismont/Publicpost

Journalists gather in the hall. Navalny came to the process himself, just bought a ticket. No bailiffs accompanied him (the last time the judge decided to provide the drive, but, apparently, they believed Navalny that he would come himself).

09:00 Maria Aismont

Navalny - prosecutors, entering the courtroom: "Hello! Why were you going to arrest me?" They are silent.

23:50 Maria Aismont

Navalny went to the supporters and in Kovrov.

Photo: Maria Eismont

The conductor did not want to let him out onto the platform, they say, the stop in Kovrov is too short, was not supposed to. But Navalny still came out. Chuvak from Kovrov became the hero of Navalny’s blog on the first trip to the court session in Kirov.

23:32 Maria Aismont

In Vladimir Navalny, supporters meet.

Photo: Maria Eismont

They tell him about the situation of political forces in the city.

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.