A charge against Tengiz Gunava on illicit purcahase and keeping of drugs and weapons has been declined

Salome Achba

A charge against  Samegrelo-Zemo Svaneti governer Tengiz  Gunava on illicit  purcahase and  keeping of drugs  and weapons has been declined.  A prosecutor applied to the court with the motion to decline the charge. According  to  Prosecutor’s Office,  procedural violations have been noticed in the process of Gunava’s detention and  because of that a Prosecutor’s Office considered  necessary to decline the charge. 

As for another charge against Gunava on  exceeding official powers, intentional light damage of health and misappropriation – embezzlement of state property, the  court proceeding will continue  in a regular way.  

The prosecution  substantiated  the  necessity of  declining  the charge by the result of  the inquest  according to which  Gunava was detained  with procedural  violations.  In particular, a real  time of his detention  did not coincide with the time indicated in  a detention protocol.  

Gunava states that besides procedural violations, during his detention law enforcement officials  exceeded their powers. In particular, law enforcement officials  at the moment of his detention,  planted to him drugs and  a Makarov type pistol, later  taken out as a material evidence. 

According to a prosecutor,  an investigation on a charge of  exceeding official  powers has been already undergoing against officials of investigation bodies who detained Gunava. 

According to a judge’s  resolution,  together with declining a charge, 10 thousand GEL paid as  bail will be returned to  Gunava. 

As for  one more case  against Gunava on exceeding official powers, intentional light damage of health and misappropriation – embezzlement of state property, the charge has not been declined  and the court proceedings will continue in a regular way.

 On this case, litigants  presented their  introductory speeches  on  13 March, 2013. 

The prosecution accuses Gunava  in three episodes. The first one deals with intentional light damage of health. According to  investigation authorities, a physical assault took place between Tengiz Gunava and his driver. At this time Gunava  via the Makarov type official pistol shot in the direction of  his driver Izoria who is a sufferer in the case. 

 The party for the defense considers the accusation  groundless.  „A sufferer states in his testimony that, he has not seen the person who shot.  He does not confirm that Gunava shot in his direction. There were other people attending the place besides Gunava. Any of them could make a shot from the postol? couldn’t  they?!  Besides, the charge is on  exceeding official powers by Gunava as if it  was manifested in intentional light damage of health by an official  weopen. Neither of the testimonies and witnesses in the case  confirm that the shot was conducted by an officaila pistol.  One of the witnesses states that a shot was conducted from  an H1 – type pistol. At the time Gunava carried a H9  - type pistol as an official one. Reasoning from that, the charge against my client is groundless”, - stated a counsel for the defense Malkhaz Velijanashvili.

One more episode Gunava  is charged with is misusing of fuel coupons. 
„Gunava has not misused the coupons or given to anyone. He used them for  his  official car. That’s why no fact of misusing of  coupons exist.  Besides, Gunava was not obliged to  manage any kind of a register in which he would describe  how he used fuel coupons.” – stated a counsel for the defense in his  introductory speech.

The third episode deals with  receipt and misappropriation of state property. According to the prosecution, Gunava received a sum of money without  concluding an explanatory report on spending it. 

„Gunava himself does not  refuse the fact of receiving some money. This sum was necessary for conducting  a secret operative-search  activities.  My client is ready to provide the court with detailed information on spending the money, but as the case deals with secret search activities, Gunava will make such explanations only during  the closed  court procedeeing – says Gunava’s lawyer.

During the next session, scheduled  for  March 26, 2013, the court will hear  questioning of the witnesses  for the  prosecution.