The examination of criminal case on judge Elena Roibu and lawyer Tatiana Mostovoi-Filimancov was postponed for the second time, in a row, due to poor health, invoked by  the judge, who cried at the hearing. In the case of judge Gheorghe Popa, was heard, finally, the second witness.

Friday, January 31, at a temperature approaching -20 degrees and the roads almost impassable, two families from the village Dubăsarii Vechi, Criuleni, were present at Ciocana court, where they were to be heard as witnesses in the criminal case filed on behalf of judge from Criuleni, Elena Roibu, and lawyer Tatiana Mostovoi-Filimancov. In October 2013, in the judges home, were found 1,050 euros from those 2000, extorted by the lawyer  from families of Adrian Chetruşca and Vasile Pogreban, guys that, Mostovoi-Filimancov was representing. The information in the file shows that the money were asked by the lawyer to give to the judge, so that she exempt those two. Last hearing on this file of corruption was postponed, on the grounds that the judge was hospitalized.

Judge diseases

At last week’s meeting were present all parties from the file, including lawyer and judge. While Mostovoi – Filimancov was smiling with her two lawyers in the Court halls, magistrates Roibu was sitting alone, on a chair, right next to the families of the two men whom she judged. We approached her to talk, but she refused, leaving as from a rifle from where she was, when we presented ourselves. In fact, the two accused from justice system, who stood next to each other at the hearing, fled from camera lens, hiding their face whenever they were in the camera viewfinder. After Alexander Ursachi, judge lawyer presented a medical certificate, which was justifying the absence of the judge from last meeting, indicating that she was admitted to the Hospital “St Michael”, with several issues, including “neurotic syndrome and anemia”, began the process itself.

With a very shy and soft voice, the judge indicated that now she receives treatment at home. Then, her lawyer had another request, that the meetings, which are public, not to be attended by an employee of the National Anticorruption Centre (NAC), which was assisting, because it could influence witnesses. After a few minutes of debate, the judges decided that he can remain. Later, when everyone in the room was preparing for the hearing of witnesses, attorney of Elena Roibu came with another request. He requested another postponement of the examination of the case, indicating that the judge is sick and will not be able to give questions to witnesses, thus being restricted her right of defense.

Roibu can not address questions

Elena Roibu approved the request of her lawyer, adding, with a soft voice and almost crying that she feels bad, “I take painkillers, I have 1^st grade anemia, impaired oxygen to the brain, dizziness, vomiting …”. After the lawyers of Tatiana Mostovoi – Filimancov supported colleague’s request, in the room started discussions in medical terms. Even if the anti-corruption prosecutor Victor Muntean indicated that the meeting should take place, because the defendant has no certificate confirming that she can not attend the meeting and can not ask questions, and no one in the room is a doctor, after a few minutes deliberation, the panel of judges decided to postpone the hearing again.

Before going into deliberation, defendant magistrates broke into tears again, probably trying to convince prosecutors to postpone the meeting. Simultaneously, was also postponed the scheduled meeting on the case from February 7, because, at that time, sick leave of the defendant is still in force. Although witnesses were dissatisfied with the decision, judge Ion Bulhac, the presiding said that “frankly, I feel sorry for witnesses” explained that the law obliges them to report as many times as they are cited, this enabling them to recover expenses for the trip. After the hearing, Elena Roibu discussed for a few minutes with the prosecutor Muntean, presenting him several documents. At the exit from the courtroom, she covered her face, not to be photographed, as did the lawyer .

“Where were you born?” “at “роддом” (hospital births, in Russian)”

Tuesday, February 4, at Buiucani court continued the examination of the criminal case on behalf of another judge, Gheorghe Popa, Magistrate suspended from the Teleneşti Court, caught red-handed with 200 USD. At this meeting was finally heard the second prosecution witness: Roman Buşovschi, whos lawyer, Andrei Durnea, heard in past meetings, sent the judge, under the CNA control those 200 USD. At the request of Judge Victor Boico, Buşovschi, in a broken Romanian, being a Russian speaker, told the circumstances of the case. “On October 10, after the trial and after the application was struck out, the lawyer, Andrei, told me that 200 USD are needed. I told him: and Bufteac ( the one that he was judging with , no), the judge wants money too, I ‘m going to write a complaint. Then, I came to Chisinau and I applied”, said Buşovschi.

There followed a series of questions from the anti-corruption prosecutor, Octavian Iachimovschi. So, Buşovschi, under oath, said that he was advised by no one to hire namely lawyer Andrei Durnea, that no one pressed him to write the complain to ANC, that he was not paid for it and he has no friends among CNA staff and Anticorruption Prosecutor’s Office. After these responses, followed, for more than an hour, questions of Gheorghe Popa lawyer, Vasile Nicoară. Magistrate’s defender first wanted to know where he was born. Buşovschi answer amused all  present in the courtroom, and then, Buşovschi itself : at “роддом” ( hospital births, in Russian , no) .

“What I do not know, I do not know”

He confirmed that he was judged for torture, “as a policeman” though, said he has never worked in law enforcement. There followed several statements by Buşovschi on the strange situation of his visa of residence, and later, because some of his statements did not coincide with the facts recorded by his lawyer, Andrei Durnea, previously, Vasile Nicoară asked for more details.

“Did you witness any discussion that would allow you to tell to whom belonged the initiative to send 200 USD? “asked lawyer of Popa. “What I do not know, I do not know. I know that the lawyer came and said its needed, but, who suggested to whom, that I do not know, as I haven’t seen”, said Buşovschi. “Once you have heard from the lawyer Durnea on October 10, about 200USD, did you have the intention to give 200 USD to the judge?”, continued Nicoară. “No, what for to give?”, replied the witness Buşovschi.

“Are you an undercover agent?”

He then said that on October 11, the day of flagrant, “I was at home all day and honestly, I did not know that something is going to happen”. After the lawyer showed his trial protocol of his hearing, as being of October 11, Buşovschi initially said he does not remember how that’s possible. “Maybe I was at the Center, I do not remember . “Maybe on 12^th I stayed home”, he said, later, answering other questions. “I came to the center (when submitted the complainant, no) and I wanted to get someone to answer. Why should I pay the money? I was thinking about the judge then. I never thought Andrei (Durnea, no) wants to take money from me. I wanted to look. If Andrei goes to the judge with the money, it means he is telling the truth, if not, let Andrei answer. Today you can not trust anybody”, said Roman Buşovschi .

“Did the defendant extorted money from you?”, asked the lawyer. “From me, no” replied the witness. Later, after other questions, he has reminded about debated ” bribe ” but could not provide much detail. “I think before the trial I heard of ” bribe “. “Mr. Buşovschi, are you an undercover agent?” asked Nicoară. After the judge has translated him the question into Russian, he answered. “No” . “Not at CNA , nor MIA? ” returned the lawyer. “Yes,” replied Buşovschi. “Why? ” “No, not an agent”, said finally, Roman Buşovschi . There followed a few questions from the defendant judge, Gheorghe Popa, even if his lawyer beckoned not ask any questions.

Victor MOŞNEAG