The judge of Cahul Court of Appeal, Vitalie Movila, unreasonably rejected Ilan Shor lawyers’ requests showing a bias towards him. This confirmed today's Criminal Board of the Appeals Chamber decision.
It was also decided today to suspend Shor’s case consideration pending the Supreme Court of Justice decision, which is considering the defense request to transfer the case to another instance. In addition, the Constitutional Court must pronounce on the exceptional case of unconstitutionality of a number of articles of the Criminal Procedure Code, tvc.md
The decision to suspend the consideration of the case was made by the panel of judges of the Cahul Appeal Chamber, headed by Galina Vavrin.
Ilan Shor's lawyer, Aureliu Colenco, called this decision in line with the law.
“At the lawyers’ insistence, the case consideration was stopped before the SCJ had expressed its opinion on the transfer request, and before the materials of the case were returned to the Cahul Court of Appeal,” Aureliu Colenco specified.
According to him, earlier the defense sought to stop hearings, since the case materials were transferred to the SCJ, and only electronic copies of the documents remained in the Appeals Chamber. And today's decision confirms the validity of these requests.
The defense also continues seeking to decline the Judge Vitalie Movila, who headed the judicial collegium and insisted on considering the case in the absence of documents. Lawyers filed complaints about abuses that the judge committed to the Superior Council of Magistrates and the General Prosecutor's Office.
Another Shor’s lawyer Denis Calaida noted that today's decision was correct. Otherwise, a dangerous precedent would be set.
“Consideration of the case is impossible, and today the collegium made the right decision. Considering a case without materials would be an “innovation” in justice. Electronic copies do not allow verification of their accuracy, as stipulated in the Criminal Procedure Code,” Calaida said.
Lawyers say they have not yet been told the date of the new meeting. But it will take place not earlier than the SCJ's decision to transfer the case and the Constitutional Court's decision on an exceptional case of unconstitutionality.
Ilan Shor insists on being innocent.