Cassation appeal against withdrawal of charges against Kuchma adjourned

The High Specialized Court for Civil and Criminal Cases has adjourned until 28 July examination of the cassation appeal against the termination of criminal proceedings against former Presidentt Kuchma in connection with Georgy Gongadze’s murder.  The Kyiv Court of Appeal on 20 January this year upheld the decision of the Pechersky District Court which on 14 December terminated the case.  

As reported, the court found that the only grounds for the decision by First Deputy Prosecutor General Rinat Kuzmin to initiate criminal proceedings were the tapes made by Mykola Melnychenko. It cited the Constitutional Court judgement from October 2011which stated that prosecutions could not be based on information received through investigative operations carried out by people unauthorized to do so.  Major Melnychenko acted on his own initiative when he illicitly taped conversations between Kuchma and others.

Appeals had been lodged by Myroslava Gongadze, journalist Oleksy Podolsky, who has victim status in the case against General Pukach, the lawyer for Mykola Melnychenko and the Prosecutor General. It is the latter which lodged the cassation appeal.

The adjournment this time, according to Interfax Ukraine, is in order to fix organizational flaws.

see also:
• Prosecutor General quashes indictment against Melnychenko
• SBU draws up indictment against ex-Kuchma guard Melnychenko
• Melnychenko sues Myroslava Gongadze’s Lawyer
• The Blocking of the Gongadze Case fits into the scheme of things of the present regime
• Gongadze Case: Court should call back a number of witnesses
• Gongadze case: Pukach trial postponed till autumn
• Gongadze Murder: Withdrawal of charges against Kuchma upheld
• Gongadze lawyer: Pukach ordered surveillance documents destroyed
• No end to lies and subterfuge over Gongadze’s murder
• Pukach changes testimony in Gongadze murder trial
• Gongadze case: New excuse, same lack of transparency
• Totally ignored
• Journalists demand real investigation into Gongadze case
• Myroslava Gongadze: “A Country that launders criminals”
• Court of Appeal upholds ruling closing prosecution against Kuchma
• Court upholds criminal investigation against Mykola Melnychenko
• Myroslava Gongadze appeals decision to quash charges against Kuchma