Gheorghe Popa, the judge recently sentenced to seven years in prison for being caught red handed with 200USD, says that, after he read the motivation of conviction, he “had the impression that the sentence was not written by the judge”. Invited by the magistrate’s wife, who claims that more than 10 years is working in Moscow, we visited the village and the house where lives the first judge convicted of corruption in Moldova, in this millennium.

Last Friday, around 12 o’clock, we were called by Natalia Popa, wife of Gheorghe Popa, the judge sentenced on April 8^th, 2014 to 7 years of imprisonment, after having been caught red-handed with 200USD, on October 11^th, 2013. Woman is working in Moscow and returned for a short period, so she offered to visit them at home to talk. After discussions and consultations at the newspaper office, we accepted the invitation, to see how lives the only judge in the history of Moldova caught with a bribe.

Wife raising children in Moscow

After about two hours and after 90 km of driving, we arrived in the village Mandresti, district Telenesti, where lives Gheorghe Popa, his wife, when not in Moscow, and their two children, when they return, on weekends, from studies in Chisinau. ZdG team was in Mandresti also in the autumn of 2013, when Gheorge Popa was in custody. Natalia Popa came to the gate, leading us to the house. “I want you to see how lives “the most corrupt” judge”. In the house, Gheorghe Popa was sitting at the computer reading the news, surrounded by his two children, both studying… law, in Chisinau. The family seemed confused and looking for more answers grinding them since October 11^th, 2013, when Gheorghe Popa was caught red-handed with 200USD.

The first to speak is judge’s wife. “I worked at the lyceum ” Dimitrie Cantemir ” in the village for 23 years. At one point I had to interrupt my work, because the family financial situation has become quite difficult. I found a job in Moscow, where I take care of foreign children’s education, while mine, even daughter, from the age of 13, when a girl needs a mother the most, was left alone, with the entire burden and care of the household … To cook, wash, and at the same time to be the best student in the class … “, says Natalia Popa. “I started working in Moscow about 10 years ago. I grew up a child from 9 months to preschool age. I tough him read the ABC. Then, I went to the neighbors, by recommendation. So, I got into another family, where I am taking care of another child … I consider I have already three promotions in Moscow”, continued the woman, while Gheorghe Popa is sitting next to her and is listening.

“Our wealth is our two kids”

In Moscow I stay about 40 days then I return home. Exchange with my sister, and so on, for 10 years … I earn much more than my husband. I am working in a wealthy family. I am sick and I support very hard the flights. But the family where I work travels a lot …”, reports Ms. Popa. Obviously subjective, as talking about her husband, Natalia Popa is sure that “I am living with the most honest man. I want to tell you that all our wealth is our two children educated beautiful. My husband does not have anything else but dignity”, she says.

“I can not say I have a grief, but think about it, a husband with such a function, a judge, can not support his family, as I need to do something to get out of this situation, because it is really very difficult. If he was corrupted, would we be in such a situation?” asks Natalia, who, two days after our discussion, was to go back to Russia, to work. “I will spend the Easter holidays away from home”, she says with sadness.

“I do not want to get a material wealth stepping on other people”

Natalia Popa is sure that her husband is innocent and that he was the target of a challenge. “All my life I raised animals, for us, and for sale … We do not buy everything from the market. We are working the land. It maintains us”, says the wife of sentenced judge. “I know you attended all the hearings and I think you’ve got more than others, from tv channels, into the essence of things. A judge, when taking a decision, must read between the lines, but not miss a row. I am a teacher. One evening, I took this decision and read it (the sentence of condemnation, no). I do not mean elementary mistakes. I found there sentences completely wrong grammatically. I think Daniela (daughter, no) or even a fourth grader would correct these mistakes. Many of evidences that have been accumulated by the lawyer, together with my husband, it seems to have been in vain, as no one heeded them. Why were not put together all the pieces?”, asks the woman, referring to the sentence of her husband.

“If there is a will to join Europe with victims, with blood, I am ready to stretch hands, for handcuffs, and I believe that our children will follow us. We will all go there, if we have to and we are guilty. The evidences to be put on the table, and if my husband is not guilty, to be acquitted and to finally be a change in this society”, opines Natalia Popa. Daughter, Daniela, law student, says that, after her father’s sentencing, she wants to leave the country, considering the justice “a dirty system”. “If I wanted to be a judge before, now I do not and I came to regret that I chose to study law. I can not step on people for money and positions. I do not want to get material wealth stepping on other people. Earlier, I was talking to someone in the system and he was saying, resigned, during a discussion about issues of justice, he was swallowed up by the system. I do not want to be swallowed that is why I want to leave”, says the young.

“The sentence is really weird”

Gheorghe Popa seems calm, though always thoughtful. On Tuesday, April 8^th, 2014, received with calm and optimism the sentence issued by judge Victor Boico, from Buiucani court, exclaiming, at the end, that “hope dies last”. “Then (Tuesday, April 8^th, no) I did not study the sentence. Now, not that it seemed to me, but the sentence is really weird. I was under the impression that it is not written by the judge. By anybody but   the judge. Many unrelated sentences are taken out of context. Are not all exposed all witnesses testimonies. The sentence is done foolish. It includes a penalty that is not provided by law. How can be condemned a magistrate with such a sentence?”, asks outraged the judge, referring to the fact that Victor Boico applied a penalty of 160 000 lei, which was not provided in the Criminal Code under which he was judged, at the time he was caught in the act.

“I was optimistic before the trial, and I still am. I believe that we did not vote the change for this …, for National Anti-Corruption Centre (NAC), which is a state organ, to do whatever it wants, such scams. I’m sure that many people suffered unfairly from this organ. Now, I will analyze the sentence, all available materials, and together with the lawyer will formulate the sentence. Furthermore I will present additional evidences, and until the hearing at the Court of Appeal Chisinau will gather other evidence … “, plans Gheorghe Popa.

“Did I need dreary?”

“I think about how it got namely to Telenesti. I have several guesses, but can not declare them officially. Someone is in office, someone had big troubles at NAC, and I was probably made the currency.  Meanwhile, at some point, I sentenced a policeman. Someone from prosecution approached me and proposed to stop the file. I said no. Later a policeman I worked with came, who also tried to convince me. Then, he tried through my brother. They proposed to meet at my brother’s home. I refused. After I did not want to get in contact with him, he told me that I will have big problems … “, remembers George Popa aspects of his work as a judge.

Then he shows us around his house. Although with two levels, seems modest, covered with old slate. Doors recently changed, on the second floor, but most rooms with earthen bridge and old floors. In the cellar, Gheorghe Popa shows several barrels full of wine. “The basement is made by my father’s grandfather. Look how much wine I have. Did I need more dreary?”, jokes bitterly Gheorghe Popa, who says he does not regret that he chose to be a judge, at the expense of the police profession. “In the police I have downgraded a bit, professionally. As a judge, I studied a lot and I felt different”, he concludes.

Omissions in the sentence motivation

ZdG was the only media institution that has attended all the hearings of the case Popa, broadly mirroring the process. We wrote about incomplete and sometimes contradictory statements of the two key witnesses in this case, lawyer Andrei Durnea, who passed under the control of law enforcement, the 200USD, and his client, Roman Busovschi, who denounced the judge at NAC, about three different statements of the judge Gheorghe Popa, offered during the examination of the case on the flagrant moment, but also about the request of his lawyer, Vasile Nicoara the case to be examined in terms of challenges staged by law enforcement in the context of justice reform.

Victor Boico, judge at Buiucani Court in Chisinau, who examined the case Popa, motivated his conviction on nine sheets, of which, on nearly 7, were strung testimonies of witnesses, of the defendant and the lawyer’s position. However, motivation is lacking several statements that were offered in court by the two witnesses. Thus, although ZdG wrote that, at one point, after the insistence of the lawyer of Gheorghe Popa, witness Bushovski mentioned that, when he complained to the NAC, “I wanted to see. If Andrew goes to judge with money, means he is telling the truth, if not, let Andrew be responsible. Today you can trust no one”, in motivation, such a statement is missing. The motivation refers to the fact that the two witnesses refused to answer more questions, and that Busovski mention in front of the judge that had never collaborated with law enforcement, in other criminal cases. However, Judge Victor Boico did not mean that, in the process, the defense showed that Busovski participated, as informer, in several criminal cases.
“Unjustified behavior of the judge”

Altogether, the judge states that “examining overall witnesses statements, the statements of the defendant, the evidences from the hearing, the court considers proved the guilt of Gheorghe Popa in committing the charged offense …. Considering proven the committing by Judge George Popa of the offense of passive corruption, court emerges from the presence of all elements of the charged offense: object of the crime, the objective side, the subject and the subjective side”, writes Boico.

“The special object of the crime of the passive corruption committed by Judge George Popa are the social relations on the effective exercise of service in the administration of justice in the public sector. These relationships were affected by unjustified behavior of the judge in the line of duty, who has maintained conversations with individuals regarding the examination of civil case outside trial, that, indirectly hinted that he would claim remuneration, which is illegal”, mentions the judge.

“You can clearly hear and see how …”

“The objective side of the crime committed by the judge Popa is characterized by the harmful act expressed by claim, acceptance and receipt of the amount of 200USD …. This claim was not an express one, but externalized through gesture, and driven by everyday vocabulary as “dreary”. In specific circumstances, these allusions to receive remuneration were exactly understood such way by Andrei Durnea and can not be regarded otherwise than claiming. Accepting and receiving remuneration in the amount of 200USD, in addition to witness’s testimonies is confirmed by audio and video recordings, examined during the court session. According to these records, you can clearly see and hear how, in his office, the judge indicated to Durnea to put the money in the book. Meanwhile, court appreciates critically the explanations of perpetrator as if there would be some photos that have fallen down, and the phrase “put them in the book” refers specifically to those photos”, it is said in the sentence.

Regarding the subjective side, Boico states that it is characterized by his direct intention, motivated by material interests, in manifested scope through the performance of a service related to work obligations, striking out an application for summons…. The fact that the conclusion in the civil file being in the examination procedure was given pending receipt until the remuneration does not exclude the presence in the defendant’s actions of the composition of the offense of passive corruption … “, is written in the sentence. Regarding “defense arguments”, Boico adds that they “do not fight and do not prove categorically and undeniably disprove and illegality of actions of criminal prosecution”. Previously, Judge Victor Boico was claiming for ZdG that the sentence issued by him is legal, attorney Octavian Iachimovski that samples were examined “objective and fair” and lawyer Vasile Nicoara that the sentence is illegal.

Victor MOSNEAG, victor.mosneag @ zdg.md