Solicitation Disappeared from Trial Protocol

Salome Chkheidze

On March 29, Tbilisi City Court held essential hearing on Davit Kezerashvili and others’ case. Kezerashvili’s lawyer Gogita Gabaidze protested the protocol of the March 15 trial. He said his solicitation on separating Kezerashvili’s case from others, which was satisfied by the judge, was not recorded in the protocol.

Lawyer Gogita Gabaidze said that at the March 15 trial he and lawyer Shota Mindeli had requested to separate Davit Kezerashvili’s, Meri Janashvili’s and Merab Lapanashvili’s cases and to separately discuss them.

“The judge satisfied our solicitation that was recorded by the court audio recording. So, we did not have to come here today but as it turned up this decision was not reflected in the protocol,” Gabaidze said. Lapanashvili and Janashvili’s lawyer Shota Mindeli also confirmed this fact and added that it is serious violation. “It means, the court satisfied our solicitation one day but next day they denied even its existence. It should be protested,” Mindeli said.

Judge Davit Geliashvili said he cannot discuss the trial protocol and cannot make its content arguable.

Prosecutor Merab Jeranashvili requested to decline Kezerashvili’s lawyer Gogita Gabaidze at the trial. He said in accordance to the Article 60 b of the Criminal Procedural Law, a lawyer might be declined if she/he provided a person with legal consultation, whose interests contradicts the interests of his/her new client.

“As you see Kezerashvili avoids appearing at the court. Supposedly, he does not plead guilty. Gabaidze’s another client Dimitry Sakhvadze pleaded guilty and we find same circumstances in his case as in Kezerashvili’s case. It is clear that interests of these two persons contradict each other and Gabaidze shall be declined from the process,” Jerenashvili said.

Davit Kezerashvili’s lawyer said there is no ground to decline him because he had personally requested to decline him from Dimitry Sakhvadze’s case. Besides, if the prosecutor knew the ground of his declination, this solicitation was to be raised at the previous trial. He, as Kezerashvili’s lawyer, made a list and raised plenty of solicitations at the trial though the prosecutor did not protest it then. Judge Davit Geliashvili did not satisfy prosecutor’s solicitation on the lawyer’s removal.

At the end of the trial, the judge clarified that cases of two accused people were separated from the joint case, who pleaded guilty and signed plea-agreement with the prosecutor’s office. Essential discussion of Kezerashvili and others is scheduled at 15:00 pm on April 12.