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Bacho Akhalaia Still Present at Trials

April 18, 2013
Salome Achba, Salome Chkheidze

As soon as court proceeding on Bacho Akhalaia’s case started, former defense and interior minister of Georgia, his lawyer Malkhaz Velijanashvili raised solicitation to allow his client to attend next proceedings. Velijanashvili handed Bacho Akhalaia’s petition to the judge, where he requested permission to attend the process.

At the previous hearing Judge Giorgi Darakhvelidze expelled Bacho Akhalai from the courtroom for disobedience to judge’s requests and argument with the prosecutor’s side. The Judge had warned Akhalaia to be expelled from the courtroom, if he continued arguing with the prosecutor. Former Minister replied to him that it was not problem for him and as a result he was dismissed from the courtroom.

At the trial on April 18, the accused people, their lawyers and prosecutor also agreed with Velijanashvili’s solicitation. Judge clarified that he had expelled the accused person from the courtroom for having breached the law and disrespected the court. Besides, he clarified that if the same incidents happen in future, Akhalaia will be expelled from the courtroom again.

Although the judge upheld the solicitation, bailiff service could not deliver Akhalaia to the court and the trial was postponed to April 29.

Lawyers said it would be procedural violation if court hearings are held without accused Akhalaia will so they agreed with the judge’s decision.

Bacho Akhalaia, Gigi Kalandadze, Zurab Shamatava, Gaga Mkurnalidze and four more people are accused of illicit restriction of freedom, organizing of torture and abuse of professional authority.

Besides that, one more case was launched against former defense minister. He is accused of torture and inhuman treatment in the second case, which was already assigned to the court for substantial discussion and trial will be held on April 30. Lawyer Malkhaz Velijanashvili represents Akhalaia in this case too. At the trial of April 17 he raised solicitation to change preventive measure against Akhalaia– imprisonment into bail though Judge Nato Khujadze did not uphold his solicitation. 

“Bacho Akhalaia is accused in some other cases too and imprisonment was imposed on him for the fourth time already. Why do we need one more imprisonment when he is already in pretrial detention with regard to other cases?!” the defense lawyer asked.

“Bacho Akhalaia’s pretrial detention in another case and necessity to impose imprisonment as preventive measure on him is weak argument because he might be found not guilty in other cases and unless he is sentenced to imprisonment in this particular case, he will be set free. Besides, there is serious danger that Akhalaia might use his contacts and influence witnesses if he is free,” the prosecutor said.

Judge said there is reasonable ground to allege that Bachana Akhalaia might influence witnesses that will hinder the court to estimate the truth. Based on this argument, Judge Khujadze did not satisfy the solicitation and did not change the imprisonment.

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