To the public and the media we present video of the special operation exposing the judge from Odessa that will dispel the spreading rumours and confirm the following circumstances of the shooting incident.
- The shooting incident took place during the search conducted in a private house belonging to the judge of Malynovsky district court in Odessa. The search was sanctioned by the court order and conducted as a part of the pre-trial investigation of receiving improper advantage in the amount of 500 thousand UAH by the judge (article 368, part 4 of the Criminal Code of Ukraine).
- The suspect refused to give the officers access to his house and threatened to open fire. The judge was repeatedly informed about what law enforcement body the officers belonged to, what was the purpose of their visit and what investigative actions they planned to conduct. The officers also told him about the court order for the search and asked him not to resist.
- After taking measures to open the doors forcibly the NABU employees went up to the second floor of the house.
- At that moment the judge fired the gun twice in their direction, which can be qualified as attempt on the life of law enforcement officers (article 348 of the Criminal Code).
- In return the NABU officers fired one warning shot after which the judge fled the house through a window. No one was hurt in the incident.
The search of the house led to confiscation of 120 thousand UAH of improper advantage. The whereabouts of the judge have been established. He was given notice of suspicion in committing criminal offence under the article 368, part 4 of the Criminal Code of Ukraine (receiving improper advantage).
As a part of criminal proceeding investigation the NABU officers detained the intermediary who was helping the judge receive the bribe. Another employee of the Malynovsky district court is being checked for involvement in the crime.
Nazar Kholodnitskiy, the Head of the Specialized Anti-corruption Prosecutor's Office, immediately sent a submission to the Supreme Court of Ukraine and to the Verkhovna Rada of Ukraine asking to strip the judge's immunity and to chose placing in custody as a preventive measure.
The Supreme Court of Ukraine and the majority of the Verkhovna Rada Committee deputies supported the motion of the anti-corruption prosecutor.
The order stripping the judge of his immunity has to be considered and supported by the majority of the constitutional makeup of the Verkhovna Rada during the current week of the session period.
Was there a suicide attempt by the judge?
After establishing the whereabouts of the judge, he was examined by doctors who confirmed bodily harm supposedly inflected by the judge himself. The doctors concluded that the injuries did not pose a threat to life and health of the judge.
The body examination also showed clear signs that the judge had already inflicted similar injuries upon himself in the past.
The detectives have the prosecutor's decision regarding inspection by a medical examiner.
Also the judicial psychiatric evaluation will be held.
The accusations of the NABU and the National Police officers that their actions allegedly caused the judge to attempt suicide made by V. Symonenko, head of the Council of Judges of Ukraine, are groundless and absurd.
The employees of the NABU and the National Police acted in full compliance with the laws of Ukraine. If we assess any actions aimed at documenting facts of receiving a bribe as incitement to suicide, our fight against corruption will be pointless.
Why wasn't the judge arrested?
The judge is a protected person. According to article 49 of the Law of Ukraine “On the judicial system and status of judges” and article 482 of the Criminal Procedure Code, arresting a judge or choosing placing in custody or house arrest as a preventive measure for a judge before official conviction by court require the consent of the Verkhovna Rada of Ukraine.
Will he be prosecuted for attempt on the life of law enforcement officers?
At present the weapon the judge used to fire at the officers is being examined.
The judge was given notice of suspicion in committing criminal offence under the article 368, part 4 of the Criminal Code of Ukraine (receiving improper advantage). Legal qualification of other actions of the judge is being determined. Investigative actions continue.
Procedural control of the pre-trial investigation of the criminal proceeding is carried out by prosecutors of the Specialized Anti-corruption Prosecutor's Office.