July 15, 2011 byut-batkivshchyna.com
Batkivshchyna Party leader Yulia Tymoshenko said it was illegal to continue today’s hearing in the criminal case against her without her lawyer and her personal involvement. This was after Judge Kiriyev had Ms Tymoshenko ejected from the courtroom on the trumped-up claim of “contempt of court.”
“Today, in violation of the Constitution and the law, the judge committed an unprecedented act and has begun considering the case without the presence of me and my lawyers, thus violating article 262 of the Criminal Procedure Code, which requires that I be in the courtroom,” Ms Tymoshenko told journalists after she was ejected from the courtroom by the judge.
The former premier said Judge Kiriyev broke the law as she did not have the opportunity to file her motion on the admission of four new lawyers, two of whom represent American legal and auditing firms that investigated the facts of the prosecutor’s case against her and concluded that it was politically motivated.
“The judge didn’t even want to hear that I came with lawyers. I think they’ve already written my sentence. They don’t want an objective trial, they need to announce a verdict, they need to get rid of me and the opposition – that’s what they want. And that’s why they are now carrying out Yanukovych’s illegal orders,” said Ms Tymoshenko.
Meanwhile, the representative of the prosecution Liliya Frolova, with permission from Judge Kiriyev and in the absence of Ms Tymoshenko, began reading the indictment, which sparked outrage among those in the courtroom. The judge then announced a break and walked out.
On resumption of the hearing, Liliya Frolova read the 73-page indictment in the criminal case against Yulia Tymoshenko without her present. The reading of the indictment lasted hours.
Before the reading of the testimony given by Ms Tymoshenko during the pre-trial investigation (part of the indictment), Judge Kiriyev banned photo and video recordings of the proceedings.
According to procedural rules, after the reading of the indictment, the court will begin calling witnesses.
The session continued in gross violation of the Criminal Procedure Code and law on the prosecutor’s office.
Given that neither Ms Tymoshenko nor a representative of her defence team was present in the courtroom, the court, in accordance with articles 262 of the Criminal Procedure Code, should not have continued the hearing. Proceedings can continue in the absence of the defendant in only two special circumstances: when the defendant is outside Ukraine and refuses to appear in court; or when a case involves a crime punishable by incarceration and the defendant asks that the case be heard in his or her absence.
The court also violated the Law “On the prosecutor’s office” which states that only one prosecutor can represent the prosecution in a trial. There were four prosecutors inside the courtroom of the Pechersk District Court.
“This is pressure on the defendant and the defence. It’s clear what the consequences can be of the presence of three or four prosecutors,” People’s Deputy Serhiy Sas (BYuT-Batkivshchyna) told journalists.
Earlier in the day, Ms Tymoshenko was accused of contempt of court following her refusal to stand and the submission of another request to dismiss Judge Rodion Kiriyev from her case.
“I want to call for the disqualification of the presiding judge for unlawful acts, based on article 54 of the Criminal Procedure Code,” Ms Tymoshenko said during today’s court hearing.
She once against stated that her rights and fundamental freedoms were being violated by the court. “I’m not being given the opportunity to defend myself, express my position, or apply the norms of the Constitution. I came here to carry out laws, but I’m not being given that opportunity,” said Ms Tymoshenko.
Judge Kiriyev did not let her speak, ignored her previous statements and referencing article 272 of the Criminal Procedure Code, had Ms Tymoshenko ejected from the courtroom for one court hearing.
After hours of court proceedings without Ms Tymoshenko and her lawyers present, the court was adjourned to 11.00 am on 18 July, 2011.
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