The amount of the bribe, just 200 dollars, the fact that on the banknotes the prints of Judge Gheorghe Popa were not detected, and the way the act was organized, reveal more questions than answers in the criminal case opened in the name of the judge from Teleneşti. The ambiguous speech of the lawyer that appears in the file, the one who offered the magistrate 200 USD, and the statements of one of George Popa’s brothers, who believes in the middle that this is a crass “podlyanka”, and the bribery organizers, previous  problems with the law, as “undercover agents” or would be “on the hook” with the law enforcement, make the file even more suspicious. The attorney responsible for the case, however, assures us it is as objective as possible.

Late last week, the Anti-Corruption Prosecutor (PA) announced that he has completed the investigation and sent the criminal case of Gheorghe Popa to the Court. The suspended Teleneşti Court judge was arrested on October 11, 2013 in his office. It happened immediately after receiving 200 dollars from a lawyer, who was a party in a civil litigation to strike the application of the opposing party in the trial  that the judge was hearing.

The File, Viewed with Reluctance 

Popa was remanded in custody, and on  October 22, he was suspended from office by the Superior Council of Magistracy (SCM). The criminal record, according to territorial jurisdiction, was sent for examination to Telenești Court, where Popa presided for the last 10 years. Most likely, however, after the request of prosecutors, after already being submitted on the address of the Supreme Court (SC), the file will be moved to another court on the same level to avoid the judge being investigated by his former colleagues and friends.

Retention in the act of the magistrate from Telenești was publicized almost excessively by law enforcement, praised for the operation including by state leadership. But the case raised many negative reactions from civil society, who showed skepticism vis-à-vis of the fight against corruption when judges are detained with only a 200 USD bribe. And the judicial peers, several colleagues of Gheorghe Popa, looked with distrust at this case, some saying that, last month, backstage of the General Assembly of Judges, it is a possible setup.  Doubts vis-à-vis of the file correctness appeared to Dumitru Visternicean, member of CSM. “In the case of the judge from Telenești tbere are some reservations about what happened. As for me, for example, the amount itself puts me on guard”, he said during a TV show. And the scenes of this case appear to vindicate those who regard it with suspicion.

Bribery Source: A Debt of Several Thousand Euros

The case from which started the criminal case against Judge Gheorghe Popa is based on a civil case examined by the magistrate from June 2013 until October 10, 2013. The case subjects are Veaceslav Bufteac, who sued Roman Buşovschi for several thousand euros. The file was pending as of  June 13, and on  October 10, Judge Gheorghe Popa removed it from pending. Iurie Hârbu, the President of Telenești Court, told us that the magistrate has done so because the person requesting the debt did not show up to the trial.

It is interesting that Gheorghe Popa was arrested in the act two days after the file he was examining was removed from pending. According to information from the file, and if we believe the information presented by CNA, the one who offered the money to the judge is Andrei Durnea, the lawyer of Roman Buşovschi. Representatives of Telenești Court told us that they saw the lawyer coming by CNA’s car in the morning when the operation was organized, information is available on the cameras at the entrance to the Court. Initially, representatives of the Lawyers Union (LU) told us that Durnea is not entitled to a lawyer, as, in 2010, his license was revoked for irregularities in activities. Eugeniu Tetelea, Chairman of the Committee for Ethics and Discipline of the LU, said however, that he already has his right, because he paid the full fine imposed on him.

“CNA Works Better Than We All Believe” 

Andrei Durnea obtained his lawyer license in December 2007. Initially when he was called by ZdG, he did not admit his implication in the bribery case from Telenești, saying that we have wrong information. After a few minutes, Durnea called back, admitting indirectly that he was Roman Buşovschi’s lawyer. I asked how it happened and if Judge Popa asked for money from him. The lawyer had a speech with many hidden meanings, without opening parenthesis.

“Who took him? (the judge) Why don’t you make a query with CNA for information?”  I asked him about working with CNA. “In general, I do not participate with CNA.. In general, in this case, the situation is much more complicated. What is heard and told is one thing, and what really happens is another. Dig and you will find.  Not only in this case are there strange things, but in the one from Criuleni as well… You think it will make a difference if I said something?” asked enigmatic Andrei Durnea, who confirmed his license was suspended but assured us that it is all right now. “CNA, for a while, works well, or better than we all believe. I do not want to talk. I had enough of these cases. However, nothing changes in this country, ever.”

Bribery Organizers with Criminal Problems!?

Sources in the judiciary told us that Andrei Durnea, and also Roman Buşovschi, his client, would have criminal files, which competent state institutions that fight corruption would use in order to convince the two to participate in the act. “That is what you suppose? You have got journalist commodity there. I think you would be a good lawyer…” Andrei Durnea responded to these rumors. In the name of Roman Buşovschi, there is indeed a criminal record for fraud. This, however, was managed by the Făleşti prosecutor, and Ghenadie Guriţanu, the head of the institution, told us that the file has already been indicted and is pending at Făleşti Court. Roman Buşovschi is also judged because together with a cop from Criminal Police in Fălești, they beat a man.

I tried to talk to Roman Buşovschi but without success. On his home number, his mother, Ludmila, answered. She told us she heard about the judge’s detention, but she doesn’t know details, not even where her son is now or his contact details. Veaceslav Bufteac, the other party involved in the case, told us only that he challenged the decision of Gheorghe Popa to the Court of Appeals in Balti, while stating that his lawyer was at the case examination (with reference to the statements of the President at Telenesti Court, who said that Gheorghe Popa would have justified removing the file from the role because the complainant was not present at the trial).

Fingerprints Missing vs. “Put There”

Haralambie Popa, older brother of Judge Gheorghe Popa, is convinced that he is innocent. “I did some investigating, as I have a bit experience in life. In the middle is, as they say in Russian, a crass “podlyanka” (setup). Absolutely. I think that in a short time things will be clear. The lawyer and the person who worked with him are very suspicious. I suspect they are under cover or that they are on a “hook” with law enforcement …” thinks Haralambie Popa. He also told us that his brother did not touch the 200 USD, as his fingerprints are not on them, and that he took the file from the role because the state fees were not paid. Mihai Chihai, Gheorghe Popa’s lawyer, did not respond to ZdG’s calls, although previously he was willing to discuss the case.

“I cannot confirm that in the file there exists such a lawyer of Andrei Durnea, or some Roman Buşovschi, with criminal cases… I can only say that the prosecution occurred objectively and did not emerge from certain persons past or present, but from evidence collected in the file”, states Corruption Prosecutor Octavian Iachimovschi. He admits that there are no fingerprints of Gheorghe Popa on the banknotes, but says that the video shows the magistrate’s intent. “From the video you can see how the judge opened the Code of Civil Procedure and said, ‘Put it here’”. Expertise concluded that his fingerprints are not on two banknotes, and on the other two, they were not able to see, as they are old with too many fingerprints on them”, said the prosecutor.

Gheorghe Popa Remains in Custody

It is to be noted that on Tuesday, November 5, Gheorghe Popa was brought before the judges at the Court of Appeals (CA) Chisinau, where the appeal was examined by his lawyer, Mihai Chihai, on remand. Originally scheduled for 11:00am, the hearing took place over four hours. Magistrates dismissed the lawyer’s appeal and upheld the conclusion from Buiucani Court that Gheorghe Popa will remain in custody for at least 13 days, until November 20, when the arrest warrant expires.

“I have not decided if we will ask or not to extend the mandate of arrest. The case was sent to Court. We will decide how to proceed with the arrest warrant”, Octavian Iachimovschi told us. The Supreme Court hasn’t pronounced a case relocation to another Court as a relocation was requested by prosecutors.

Victor MOŞNEAG, victor.mosneag@zdg.md