Mikhail Khdorkovsky has won a strategic victory. He will be tried together with Platon Lebedev
Photo: Dmitry Azarov
|
 |
For the Company
// The Court Combines the Trials of Mikhail Khodorkovsky and Platon Lebedev
The YUKOS Affair
Yesterday, Moscow's Meshchansky Court granted the application of the lawyers for ex-YUKOS head Mikhail Khodorkovsky to combine their client's trial with the trial of the head of MFO MENATEP and YUKOS shareholder Platon Lebedev. Consideration of the combined case on the merits will begin in a week.
Special forces officers unceremoniously barred journalists and people from a “support group” from entering the room where the application of Mikhail Khodorkovsky's lawyers was supposed to be considered in camera. Then, from the far end of a first-floor corridor, from the room where defendants usually wait their turn, they conducted the cause of the commotion, ex-head of YUKOS Mikhail Khodorkovsky, into the room almost at a run. When the defendant in a tight ring of escorts halted at the door for a few seconds, a woman from the crowd of supporters cried: “Mishenka! Mishenka!” One of the escorts, apparently the chief, responded with a threat: “Lady, if you don't shut up right now, we'll throw everyone out of here. You'll wait outside.” Lawyer Yury Shmidt entered the room right behind the defendant. The door closed and two special forces officers stood in front of it.
Outside, a dozen TV cameras were waiting right across from the entrance. Young men and women in red T-shirts with the slogan “Free MBKh” on the front and a portrait of Mr. Khodorkovsky on the back suddenly appeared and formed a group to the right. The young people readily answered the questions of journalists with microphones and posed for the TV cameras. At the same time, journalists surrounded Boris Khodorkovsky, the defendant's father, who showed every sign of being tired of answering questions. He and his wife were standing at the entrance to the room where his son was. “If we hadn't felt the support of the public and the press, we would have hung ourselves a long time ago, Khodorkovsky, Sr. told Kommersant. “I've read so much in the press lately. Now I know everything about everything.” The defendant's mother, Marina Khodorkovskaya added, “To be honest, we don't sense any special support from the public in general. It probably has to do with the crisis of civil society.”
Lawyers Genrikh Padva and Karina Moskalenko appeared at the Meshchansky Court when the session had already been underway for more than an hour. “Why are we insisting on combining these two cases? – Mr. Padva repeated. “The point is that errors in Mr. Khodorkovsky's defense that occurred if the case were considered separately, could be used by the prosecution in Mr. Lebedev's trial and vice versa. Khodorkovsky and Lebedev's lawyers might not be able to listen to one another or ask questions. But the case would be considered as one.”
Mikhail Khodorkovsky and Platon Lebedev are accused under seven articles of the Criminal Code, including large-scale fraud and tax evasion. The two are charged with “fraudulent acquisition” in 1994 of 20% of the shares of OAO Apatit for an amount exceeding $283 million. Investigators believe that Mikhail Khodorkovsky and Platon Lebedev evaded taxes and appropriated budget funds in an amount exceeding $1 billion. In addition, the ex-head of YUKOS allegedly avoided paying income tax and Pension Fund contributions, inflicting a loss on the government of 53 billion rubles.
The application filed by Mr. Khodorkovsky's lawyers met with no opposition from state prosecutor Dmitry Shokhin. And Judge Irina Kolesnikova, after some deliberation, made the decision to combine the cases. In addition, she ruled that a panel of three judges would consider the YUKOS case.
“We proposed combining these cases primarily in order to have a chance of getting a more complete and comprehensive examination of the YUKOS case,” said Yury Shmidt, one of Mr. Khodorkovsky's lawyers, after the end of the session. “It's no secret that the Khodorkovsky and Lebedev cases are one and the same case, artificially divided into two parts by the Prosecutor General's Office. Lebedev's case was just a black mark against Mikhail Khodorkovsky: when Lebedev was arrested, it was a hint to the head of YUKOS that he should leave the country, but he didn't leave.” Mr. Shmidt also stressed that considering the two cases together would be convenient from the technical standpoint. “It will be quite easy for the defense to work out a joint position,” the lawyer continued. “I repeat: the Khodorkovsky and Lebedev cases are one and the same.” Yury Shmidt also noted that to his recollection such important cases had never been combined; and in his words, the Criminal Procedure Code makes no mention at all of the procedure for combining cases. “The court will have no choice but to simply take the 230 volumes of the Khodorkovsky case and add them to the 170 volumes of the Lebedev case, “ said the defense lawyer summing up. “That makes 400 volumes altogether.”
Judge Kolesnikova also had a difficult day yesterday. She had to make several fundamental decisions about the YUKOS case at once. The first was the decision to combine the Khodorkovsky and Lebedev cases and then another decision on the procedure for familiarizing the figures in the now combined case with the investigation materials with respect to each other. Towards evening it was learned that Mikhail Khodorkovsky had received a copy of the verdict in Platon Lebedev's case. It was also decided that Mr. Khodorkovsky would start familiarizing himself with the materials in the Lebedev case in the Meshchansky Court building and then continue in prison. According to news agency reports, Platon Lebedev waived this right.
Kommersant has learned that another important question was discussed at yesterday's Meshchansky Court hearings: where to hold the first hearing of the YUKOS case on the merits. Not even the Meshchansky Court's largest chamber could accommodate everyone wanting to be present at the trial. “Of course, we could find some club or House of Culture, but you'll agree that's not our job,” Yury Shmidt told Kommersant.
Hearings on the merits will begin on June 16.
Alek Akhundov
All the Article in Russian as of June 09, 2004
|
|
|
