Head of Mahiliou Regional Court reverses ruling for punishment of Valery Vusik for libel and distribution of independent press
On 3
August Valery Vusik, civil activist from the village of
Lebiadzianka in the Bialynichy district, received by mail a ruling of
Ihar Prashko, the head of the Mahiliou Regional Court, to
his review appeal against the ruling of the Bialynichy District
Court, which entered into legal force and according to which he was
punished with a fine of 5 million rubles.
In this ruling, the
head of the Mahiliou Regional Court concludes that the ruling for the
punishment of Mr. Vusik was groundless, as far as the Bialynichy
District Court didn't take into account his arguments and therefore
the “conclusion about his guilt is premature”. Ihar Prashko also
mentions as a violation on the part of the Bialynichy District Court
that Valery Vusik's petition for being provided with a counsel wasn't
granted.
The head of the Mahiliou Regional Court decided to
cancel the verdict of the Bialynichy District Court from 29 March
2013 and the decision of the Mahiliou Regional Court from 25 April
2013 and sent the case for a new consideration at the Bialynichy
District Court by another judge.
Bear in mind that on 29
March 2013 the head of the Bialynichy District Court Uladzimir Huz
sentenced Valery Vusik to a vine of 3 million rubles for defaming the
head of the SEC “Lebiadzianka” Piatro Bialou, and 2 million
rubles – for violation of Article 17 of the Law “On Mass Media”
during the distribution of the newspaper "Mahiliouski Vybar”.
Thus, the total sum of the fine became 5 million rubles.
On 25
April the Mahiliou Regional Court considered the cassation appeal of
the villager of Lebiadzianka Valery Vysik against the verdict of the
Bialynichy court. Judge Pavel Klimau left the initial ruling in force
and dismissed the appeal. He ignored the fact that Mr. Vusik wa
deprived of the right to defence at the Bialynichy court, his
witnesses weren't summonsed to the trial and his right to expression
was violated.
On 5 July Valery Vusik filed an appeal to the
head of the Mahiliou Regional Court, Ihar Prashko. In this appeal he
asked to abolish the ruling of the Bialynichy District Court,
according to which he was to be fined 5 million rubles.
Human
rights activist Barys Bukhel says he is convinced of the innocence of
Valery Vusis and they will be preparing for the new consideration of
the case.
"The fact that Valery Vusik is innocent of the
charges against him, was clear at once”, said Barys Bukhel. “Ihar
Prashko drew attention to many irregularities in the proceedings at
the Bialynichy District Court and the Mahiliou Regional Court and
reversed the verdict. Doubtlessly, we hoped that the case would be
dropped, but the head of the Mahiliou Regional Court returned it for
retrial by the BialyniChy District Court. Now we will prepare to it
in order to prove that Valery Vusik was persecuted only because he
revealed shortcomings and irregularities in the management of SEC
"Lebiadzianka", including in the independent press."
