The Ukrainian Prosecutor General's Office has filed an appeal challenging the decision of the Pechersk District Court on reversing the criminal case against former President Leonid Kuchma on his involvement into murder of journalist Georgiy Gongadze, PGO spokesman Yuriy Boichenko informed Monday, according to Interfax-Ukraine.
As a remidner, Pechersk District Court of Kyiv honored the claim of Leonid Kuchma's lawyers and declared that the Prosecutor's General Office instituted groundlessly the criminal case against former President Leonid Kuchma on his involvement into murder of journalist Georgiy Gongadze.
The resolution said that the Court had not found grounds, which prove Kuchma's involvement into the crime.
Having analyzed the materials the court established that the only ground for institution of the criminal case by prosecutor Kuzmin was audio recordings made by former state security major Mykola Melnichenko. But according to the Constitution Court decision, accusations can not be based on proofs obtained illegally. In this connection the Court decreed that Mykola Melnichenko, not being authorized to carry out investigative activity, obtained the given recordings illegally. "Hence, the recordings cannot be used as a proof in court," the resolution says.
Proceedings against Kuchma, who was charged with abuse of authority, were launched on March 21, 2011. Audiotapes that former presidential bodyguard Mykola Melnychenko allegedly recorded in Kuchma's office were accepted as evidence.
Kuchma had travel restrictions put on him and was brought together with Melnychenko and Oleksiy Pukach, a former head of the Interior Ministry's outdoor surveillance department, in joint interrogations.
Gongadze went missing in Kyiv on September 16, 2000. A decapitated corpse was found in a forest outside of Kyiv in November 2000, and experts concluded later that it could have been Gongadze's. Remains of a skull were found in the Kyiv region in 2009, and the Prosecutor General's Office later declared it was the journalist's.
As a remidner, Pechersk District Court of Kyiv honored the claim of Leonid Kuchma's lawyers and declared that the Prosecutor's General Office instituted groundlessly the criminal case against former President Leonid Kuchma on his involvement into murder of journalist Georgiy Gongadze.
The resolution said that the Court had not found grounds, which prove Kuchma's involvement into the crime.
Having analyzed the materials the court established that the only ground for institution of the criminal case by prosecutor Kuzmin was audio recordings made by former state security major Mykola Melnichenko. But according to the Constitution Court decision, accusations can not be based on proofs obtained illegally. In this connection the Court decreed that Mykola Melnichenko, not being authorized to carry out investigative activity, obtained the given recordings illegally. "Hence, the recordings cannot be used as a proof in court," the resolution says.
Proceedings against Kuchma, who was charged with abuse of authority, were launched on March 21, 2011. Audiotapes that former presidential bodyguard Mykola Melnychenko allegedly recorded in Kuchma's office were accepted as evidence.
Kuchma had travel restrictions put on him and was brought together with Melnychenko and Oleksiy Pukach, a former head of the Interior Ministry's outdoor surveillance department, in joint interrogations.
Gongadze went missing in Kyiv on September 16, 2000. A decapitated corpse was found in a forest outside of Kyiv in November 2000, and experts concluded later that it could have been Gongadze's. Remains of a skull were found in the Kyiv region in 2009, and the Prosecutor General's Office later declared it was the journalist's.
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