Criminal Cases Launched Against Tengiz Gunava Have Been Merged

Salome Achba

On   February 22, by the decision of  the Tbilisi City Court judge Khatuna Kharchilava, two criminal cases launched against a former  head of General Inspection of Ministry of Internal Affairs of Georgia, Tengiz Gunava have been merged as one case.

In the first criminal case, Tengiz Gunava is accused of illicit purchase, keeping of drugs and carrying of weapons. In the second case – he is charged with exceeding official powers, intentional light damage of health and misappropriation - embezzlement of state property.   From now on, Tbilisi City Court will examine both cases as one case. 

On February 22, during the court proceeding, a counsel for the defense applied to the judge with a motion of merging two cases. „As far as you know two cases are held against Tengiz Gunava in a court. We apply to you with a motion of merging these two cases and taking them as one case for court examination. By that, the court will save much resources and extra expenses. Besides, as far as you know, Tengiz Gunava works in another region and it is inconvenient for him to arrive permanently in Tbilisi for two different cases”, – stated counsel for the defense.  

A prosecutor did not agree to the motion of the counsel for the defense. „These two are  totally different cases and they are not connected with each other. Thus, we think that they should not be merged. Besides, in a second case other individuals from the prosecutor’s office are involved, we do not know that case. Studying the details will be time-consuming which will prolong the process - the prosecutor stated in a court proceeding.

Despite of the prosecutor’s opinion, the judge accepted the motion of a counsel for the defense and merged the cases.

„By merging cases the court will save important  resources. Prosecutors will be given a reasonable period for studying the merged case thoroughly” –  stated the judge.

A lawyer of ,,Human Rights Center” Tamar Kurtauli who observes court proceedings of  former high–ranking officials, within a center’s project, appreciates the acceptance of the motion by judge.

 „Judge considered the interests of both sides. On the one hand, she accepted a motion raised by a defense, on the other hand  she gave prosecutors enough time  to study the case materials thoroughly which will  be finally manifested in a proper holding of a court proceeding. Though, it should be mentioned that earlier, as a rule, judges only accepted motions of prosecutors. Now we have a precedent when a motion of the defense has been accepted that is a step forward.”    

Following court proceeding on Gunava’s case is to be held on March, 13.

To remind you Gunava was detained on November 16, 2012 for a purchase, keeping of drugs and illicit carrying of weopens. On November 18, a court denied a motion of  the prosecution  to hold Gunava in a preliminary custody and released him under bail of 10 thousand GEL..
 
From the beginning Gunava was urging that  drugs and weapons were planted to him while detention. 

Gunava thought that his persecution was conditioned by the fact of his friendship with the former Minister of Internal Affairs Bacho Akhalaia. Tengiz Gunava applied to the Chief Prosecutors’ Office with a request to study the circumstances of his detention. General Inspection of the Ministry of Internal Affairs also launched an investigation. Later, as a result of an inquiry of General Inspection, Minister of Internal Affairs dismissed 5 policemen involved in Gunava’s detention.

In several days, Gunava was detained again. This time he was charged with exceeding official powers, intentional light damage of health and misappropriation - embezzlement of state property. The judge used a bail towards Tengiz Gunava again.

Later, president Michael Saakashvili presented Gunava’s candidacy as a governer of  Samegrelo- Zemo Svaneti.