“I want so”- Modus operandi of Prosecutor’s Office

Raul Gamisonoa

“The law enforcement system is based on the principle “I think so,” “I want so, the manner of working, the M.O. or simply method of doing things. The prosecutor’s office does not want to surrender. This is the common tendency throughout the country,” said attorney Raul Gamisonia. He said the reason for similar statements is the case where he represents the side of the defense. The prosecutor’s office has the testimony of the victim for use against Nika Kanteladze, his client. The testimony raises question marks and creates many doubts. Aside from other claims and evidence, case material demonstrates the innocence of the defendant.

Nikoloz Kanteladze worked was employed at a workshop in Eliava Open Market in Tbilisi. On September 26 2007 Nikoloz Kanteladze had to stay for a long time at the workshop because of a large order that had to be filled. He left workshop from 11:00 PM till 12:00 AM together with Mikheil Kupatadze, his colleague. They walked up to shopping mall “Megalaini” in Tsereteli Avenue. They parted at the light post. Mikheil went into the direction of underground station “Tsereteli,” (he lives near the station in Poti street); and Nika crossed the street to wait to catch a bus that travels to the Gldani district. Several minutes later he saw a woman from his village and talked with her for 40 minutes. He asked the woman for her telephone number and went towards Didube district. When he passed office of “Coca-Cola” and approached the radio-factory he saw that patrol police officer was standing with a strange woman in 60-70 meters away. The woman was saying he was the man who had robbed her; Nika Kanteladze was moving towards them patiently because he could not guess the woman was speaking about him. The “victim” Giuli Chubinidze continued: “That is the monkey who robbed me. He should have 8 banknotes of 10 GEL. When he robbed me he was alone; then I followed him by car and was also looking for police to call for help. When I saw the patrol car I stopped and informed them about the incident; the patrol policemen then arrested him.” As a result of the search police officers found two banknotes of 20 GEL in Kanteladze’s pocket. Everything was recorded in the protocol.

Nikoloz Kanteladze became most anxious about Giuli Chubinidze’s accusations. The argument continued from 1 to 5:00 AM. Other women also attended the argument that had resisted police officers and Chubinidze. They started shouting and claiming they had witnessed everything and Nika Kanteladze was not guilty. The women said they had seen Kanteladze coming from other direction and claimed that woman had done such thing on other occassions. Attorney Raul Gamisonia estimated that Chubinidze serves suspended sentence for having used fake money.

According to Raul Gamisonia, patrol police officers warned Nika Kanteladze before taking him to the police station that there was nothing dangerous and it was ordinary formality. Kanteladze was taken to the station in the early morning. Next day, prosecutor went to the court where he stated that Nika had pleaded guilty. Thus, the accused was imposed with the bail of 5,000 thousand GEL and he was later released.

Raul Gamisonia: “As I found out Nika did not plead guilty. I requested the protocols of the court hearing; of his interrogation and I could not see anywhere where the accused stated: “I robbed that woman.” Consequently, prosecutor should not have claimed that Nika Kanteladze pleaded guilty.”

Prosecutor’s Office should find out whether Nika Kanteladze robbed the woman or not. However, case investigation revealed that prosecutor’s office turns a blind eye to many details that would be otherwise very important in getting to the truth.

First of all, prosecutor did not have right to state that Nika Kanteladze pleaded guilty because no document can support the claim.

Some doubts appear from the story of the victim woman. Giuli Chubinidze stated that the young man introduced himself to as a resident of Ambrloauri but was brought up in Imereti region. His father had recently died and his name was Nika Kanteladze. During the additional interrogation, the victim tried to be more convincing and stated “Kanteladze told me he was working in the Eliava open market.” These phrases were written in the protocol drawn up by patrol police. The attorney states that it is incredible that mentally healthy person could retell his future victim the whole biography before robbing her.

Raul Gabisonia explains the fact that the victim is well-informed about the accused that patrol police inquired the identity of Nika Kanteladze in the presence of Giuli Chubinidze. Before that, the woman could not say the name of the “robber”. Witnesses also make the same claim.

Giuli Chubinidze claimed that Nika Kanteladze had seized two 20 GEL notes from her and had not met anybody else since that time. Here, two details must be considered: Nika Kanteladze had only two 20 GEL notes; he had met a woman from his village and talked with her for 40 minutes. If Giuli Chubinidze was really chasing him by taxi, she should have seen that woman from the village. Prosecutor’s office interrogated the woman from the village of the “accused” when Nika Kanteladze was locked up.  So they could not have been in contact with each other. The woman confirmed that she was talking with Nika at that moment. Besides that the attorney cannot realize how fast the taxi was following Kanteladze who was walking so that the latter could not notice the car following him.

Raul Gamisonia estimated the names of those women who resisted the patrol police officers and Giuli Kanteladze.

“I took them to the patrol police station. Those women knew Chubinidze who had very bad reputation. On September 26 from 1 to 2:00 AM they were walking along Tsereteli Avenue in the direction of underground station Didube. At the corner of the side-way near Coca-Cola factory they saw Chubinidze standing at the light post. The women crossed the street at the office of Tao Privat Bank and bought cigarette. Having walked 150 meters they reached the building of radio-factory where they saw Chubinidze near the patrol car. They witnessed the argument where Chubinidze blamed Kanteladze for robbery. The women then became anxious about the false accusations. The investigation did not pay attention to one important detail. The women claimed that Chubinidze was standing at the factory and she was not traveling by taxi.”

There are many other details in the case that have not been checked out at all.  Currently, the case is being discussed at Tbilisi City Court. Nika Kanteladze will be judged under Article 178 paragraph III of the Criminal Code which envisages imprisonment from 5 to 8 years for robbery.