Nicholae Nogai, the judge suspended from the Court of Appeal Bender, was found not guilty by Causeni Court, after a trial that lasted nearly two years. Magistrate who issued the sentence has motivated it by the fact that actions of Nogai, accused by prosecutors that issued an illegal judgment, were not detected components of the offense, in the middle being ” an eror”. Meanwhile, another judge, Ion Cazacu, president of Glodeni Court, was caught red-handed with 10 thousand Lei, and at Ciocana Court in Chisinau went on the examination of criminal cases on the judge Elena Roibu and lawyer Tatiana Mostovoi – Filimancov, caught with a bribe of 2000 euro.

On Friday, April 25^th, 2014, at the Court Causeni, Nicholae Nogai, the suspended judge from Bender Court of Appeals ( based in Causeni ), accused by prosecutors that legalized illegally the ad hoc arbitration decision from St. Petersburg on alienation of several packages of shares of the bank ” Moldova Agroindbank “, was acquitted. Nogai ‘s decision was annulled by the superior court as being illegal. After that, the examination of this case lasted almost two years and, on March 5^th this year, judge Maria Tertea decided to postpone sentencing, on the ground that the case is a complex one, requiring additional time for documentation, last Friday, she motivated her decision to acquit Nogai, charged under Art. 307, par.2 , lit. C. Penal Code (Pronouncement of a judgment, decision, conclusion or decision contrary to the law, resulting in serious consequences), on 39 pages, noting that “the act of the defendant does not meet the elements of this crime. Nogai Nicholae Petru is considered rehabilitated”, said the magistrate who pronounced the sentence.

“A judicial error”

Nogai Nicholae came to the trial dressed “to the nines” and did not outline any gesture when his colleague uttered the word “acquitted”. Later, though flanked by journalists, he left the room without making any statements. His lawyer, Nicolae Ursu, mentioned that he was “convinced” of the verdict of acquittal.         “Delivery of an unlawful decision, which was subsequently annulled by the Supreme Court, where was made a judicial error, does not formulate a content of an offense under art. 307 Criminal Code. If we go this way that any cancellation of court decisions result in criminal proceedings, means we are burying the justice in Moldova. There are plenty of international acts which provide that, if is pronounced an illegal ruling, the prosecution must establish direct intent. If this has not been established”, mentioned Ursu.

Anticorruption Prosecutor Victor Muntean said, in his turn, that the sentence will be analyzed and, “obviously, appealed to the Court of Appeal Chisinau, in the terms established by law”. Shortly after the verdict from Causeni, the Prosecutor General (PG ) issued a press release which stated that, “in view of the prosecution, the delay of examination of this file and acquittal of the judge who issued illegal rulings induce impression of protection of judiciary employees by their colleagues, a situation that requires resolute attitude of the rule of law authorities”.

“Someone else signed the enforcement”

To be noted that Nicholae Nogai was accused of issuing an illegal ruling, also releasing enforcement, through which nearly 28 % of stake from Moldova Agroindbank passed into the possession of some off-shores. In court, he did not recognize his signature on those documents , requiring an expertise in this regard. After more than half a year, that the survey lasted, it was determined that the signature of that decision belongs to the judge, but that of the enforcement – does not. Contacted by ZdG, the lawyer of Nicholae Nogai said that the sentence motivation is “quite good”. “Someone else signed the enforcement, we do not know. But, not the results of the expertise were decisive in acquittal of Nogai. The main reason he was acquitted was that there was no composition of offense in his actions. There was an error. He could be held liable if he did this on purpose, but the prosecutor did not bring any evidence that the error was intentional”, says Nicolae Ursu.

Victor Muntean avoided talking about the sentence motivation in this case, stating that he will expose his point of view after formulating the appeal. Asked if he supports previously expressed position of PG, that judges protect each other, Muntean said that there “may be solidarity among judges. I admit, but I can not say it was exactly that”.

New witnesses in bribery case of 2000 euro

On Wednesday, April 23^rd, 2014, at Ciocana Court in the capital was hold another hearing in the criminal case in which the lawyer Tatiana Mostovoi – Filimancov and Judge Elena Roibu are accused of extorting and subsequently receiving 2,000 euro from the families of the two youth, accused in a case in which were participating the two litigants. After that the last three meetings in this file have been postponed, last two due to illness in turns of the two defendants , and  the meeting on Wednesday was in danger not to occur . Alexander Ursachi, lawyer of the judge Elena Roibu, sought adjournment of the hearing, on the grounds that his client is still on sick leave, though came to trial. And Ion Gavriliuc lawyer of Mostovoi – Filimancov, asked the same thing, motivating with the fact that his client would also be on sick leave. Elena Roibu also mentioned she is not feeling well and has high blood pressure. Because anti-corruption prosecutor did not agree with the postponement, judges,  after consultations, including with the defendants and their advocates, have decided that the meeting can take place, because there were only to be watched several video recordings with the moment of searches  by prosecutors and anticorruption officers in offices, cars and homes of defendants, but not hearing them.

The first images that ran were of the searches from the office of lawyer Mostovoi – Filimancov. In the office, she said she has no money and she did not take the money of which she is incriminated. After the money were not found in the lawyer’s office, law enforcement searched in her car, and in an envelope found 19 banknotes   of 50 euro. Mostovoi – Filimancov could not explain their origin. Then, they watched the searches from office of judge Roibu, and then, at her residence, where they found 1,000 euro from those send under the control of the National Anti-Corruption Center. The judge handed the money voluntary.

Subsequently, the hearing was interrupted, defendants saying they are not prepared to give statements. Then, the two lawyers requested at the next hearing to be heard repeatedly Chetrusca Margareta, who sent, under the control of law enforcement, the 2,000 euro. Lawyers have motivated the request stating that occurred further questions. The two lawyers have requested also the hearing of other witnesses, who, in their opinion, may provide important statements for the process. Applications were accepted, following to hear them at the next meeting.

Judge detained with 10 thousand lei

On Thursday, April 17, 2014 , the National Anti-Corruption (NAC ) and the Anticorruption Prosecutor (PA ) were announcing that Ion Cazacu, Judge and President of the Court Glodeni, was caught red-handed with 10 thousand lei, money that he was to receive from a man that he was judging for committing an accident while intoxicated. In Cazacu ‘s office were also found another 10 500 Lei and 5000 euro, of unknown origin. At first, the officials announced that they had also arrested the man who gave the bribe. But two days after the operation both suspects, based on conclusions issued by a judge from Buiucani Court were sent to house arrest, where they are now. Eduard Harunjen, PA chief, described the judge’s decision as “very strange “. He said that in this case the prosecution continues, being involved a group of prosecutors, who follow to determine the origin of the other money found in the magistrate’s office. Harunjen avoided telling us how did they managed to retain the one who gave the money, or, usually the one who did this was also the one denouncing the case at NAC. PA chief told us only that “we found out about the place the transaction was made”. Ion Cazacu is the fourth judge caught red-handed with cash during the last year.