"The whole thing is shamanism"

The Moscow City Court left the measure of restraint to the defendants of the “Seventh Studio” case and Kirill Serebrennikov

The corridor of the Moscow City Court to capacity is filled with journalists and the support group of Kirill Serebrennikov. “Do not push! Everyone will have time to get into, ”the bailiff reassured, but not all hit the hall. On October 17, the Basmanny District Court extended the preventive measure in the form of house arrest to Kirill Serebrennikov, the former director of the Seventh Studio ANO Yuri Itina and the former chief accountant of the Seventh Studio, Nina Maslyaeva, and the former Gogol Center Director Alexei Malobrodsky upheld the imprisonment of the detention-until January 19, 2018.

On the side of the defense this time it was relatively empty: Nina Maslyaeva and the lawyer did not object to the court order, and Malobrodsky acted on a video from the pre -trial detention center. With the performance of the Malobrodsky meeting, it began.

“Your honor, Judge Karpov, making a decision, repeated all those abstract, non -reinforced arguments that were kept in the petition of the investigator,” said Lesserobrodsky. - The defense was not given evidence, no grounds were presented for the appointment of a preventive measure in the form of an investigative insulator.

Malobrodsky noted that Karpov himself allegedly indicated that he was “formally” between house arrest and a preventive measure in the form of detention - the accused is also limited in movement.

-But for some reason, when it is about me and Nina Maslyaeva, this difference is located! - Malobrodsky was indignant.

Lawyers, in turn, complained about the illegal actions of the investigation after submitting a request to extend the preventive measures.

“The investigation is obliged to submit all the materials that substantiate the request up to seven days before the court,” Dmitry Kharitonov, lawyer Serebrennikov, explained, “as a result, before the meeting, we saw only the protocol of the interrogation of Kirill Semenovich, where he denied his guilt, and at the meeting itself, the investigator suddenly brings more than one hundred and twenty sheets with interrogations of witnesses. We were given only ten minutes to get acquainted.

However, as it turned out, even with new materials, the investigation cost casually.

“The investigator presented two letters to Malobrodsky,” the lawyer Ksenia Karpinskaya recalled, “in which Alexey asked him to appoint two hundred thousand rubles and give him the opportunity to combine work in the Gogol Center and the Seventh Studio.” This proved that my client allegedly was engaged in fraud. But the notary Maiorov later looked at the mail and found that the investigation was vomiting these letters from context!

According to Karpinskaya, in that correspondence, Serebrennikov gave Malobrodsky an unimportant answer: there are no funds for such salaries - all the money goes to the purchase of equipment and the organization of events of the Seventh Studio and its Platform project.

In another correspondence, Serebrennikov and Malobrodsky discuss a detailed estimate of expenses, including the purchase of a piano for representations - the same piano that the investigation arrested, and later claimed that it did not exist.

Karpinskaya was also surprised that the victim was in the case - this defense became known only recently. The victim in the case of the Seventh Studio is the Ministry of Culture. The lawyer explained that from the materials of the case it follows that the representative of the ministry was questioned on May 24: at the same time, he answered quite strangely.

- The investigator asks the question: why did not documents on the project “Seventh Studio” come to your department? Answer: When the five -year period of storage of documents expired, an order came from the Department of Management to destroy the documents. Before that, they were stored in the archive.

It turns out - an amazing situation that the Ministry of Culture destroyed the documents on the basis of which it accuses Serebrennikov of causing losses.

Yuri Itin and his lawyer Lysenko, in turn, accused the investigators of provocation.

- They say in interrogations: Itin testified against Malobrodsky. Well, they just use the insulation of the client! - said Lysenko. - Itin never gave such evidence. And then you have to answer questions why, because of Itina, Apfelbaum was arrested. Itin did not give any testimony against the Apfelbaum.

The investigator and the prosecutor spoke little on the appeal. The representative of the Investigative Committee noted that the destruction of documents by the Ministry of Culture corresponded to the job description, and the letters of Malobrodsky do not matter, since "there are still violations of the budget code." What does the Budget Code have to do with direct target subsidies of the government, the investigator did not explain.

The parties decided not to consider the case file and immediately move on to the debate.

“Your honor, the letters of Serebrennikov and Malobrodsky mentioned by a colleague are dated February 2012,” said the lawyer of the director Kharitonov. - And the subsidies were first received in March. So there was no question of any misconception.

As Kharitonov noted, the Platform project successfully functioned from the fall of 2011 to March 2012 and regularly gave performances.

“In total, more than three hundred events were held,” Kharitonov explained with reference to the testimony of Ekaterina Voronova, the former producer of the Seventh Studio. - The performances were regularly held. The Ministry of Culture was very proud of this project, and now he says that they were caused by a loss.

Kharitonov noted that the indicated amount of damage in the case is unfounded, because it is not clear to whom, in fact, the damage was caused.

- The investigation accuses Serebrennikov of creating a criminal group to achieve a constant allocation of funds for the Platform project. But the allocation of funds is ensured by a decree of the Government of the Russian Federation, Serebrennikov has nothing to do with this. The main leitmotif of the case is cashing cash. The main evidence is a plot from Maslyaeva. This person is illegally placed into custody by the preliminary investigation authorities, until the evidence that was not confirmed by the alleged evidence was received from it.

Kharitonov recalled that at the expense of the Seventh Studio, Maslyaev took several loans in her name and planned to open a medical center. At the same time, the investigation and the court for some reason trust the testimony of Maslyaeva, and not Voronova.

“You need to believe the one who does not lie and is not afraid,” Kharitonov remarked. - Voronova is not lying and not afraid, but tells the truth.

The lawyer again reminded the court that the guarantors of Serebrennikov were ready to collect a deposit of 68 million rubles, that is, in the amount of a loss, allegedly caused by the Ministry of Culture.

In turn, Alexei Malobrodsky again accused the investigation of pressure.

-Some materials are simply not mentioned. The investigation does not talk about the two protocols of the interrogation of Sinelnikov’s witness and my confrontation with Sinelnikov, from which it follows that I did not have any contacts with Sinelnikov, only between Sinelnikov and Maslyaeva. And then a protocol of another interrogation appears in the trial, where Sinelnikov accuses me of everything!

Malobrodsky recalled that in a pre -trial detention center he has been sitting for more than six months and "actually serving a sentence for an imperfect crime."

- I am soon sixty years old. I have an arthritis of the shoulder joint and a constant headache, and I can’t even get a medical advice, ”said Malobrodsky. - The whole thing is actually a shamanism of the investigation. Everything is due to the exhausted plebs. ”

Kirill Serebrennikov reminded the judge that he had elderly parents who could not see his son. “My mother has Alzheimer. Perhaps the next time she will not recognize me when she sees. I don’t give it to emotions, but I show how this process turns into torture of relatives and friends, ”Serebrennikov said.

But the court did not hear the arguments of the defense. The decision was made in just fifteen minutes: to leave the decree of the Basmanny court unchanged - everyone remained in their places - who in custody, and who - under house arrest.

Lawyer Kharitonov promised to file a cassation appeal.