28 February 2019, Thursday, 15:55 736

Lawyer: Examination established falsification of Prodan’s case

Editor: Микола Поліщук

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The State Bureau of Investigation (SBI) opened a criminal proceeding against prosecutors of the Specialized Anti-Corruption Prosecutor's Office (SAPO), which deal with the case of the ex-head of the State Fiscal Service (SFS) Myroslav Prodan.

We were informed about it by his lawyer Olha Prosianuk.

“The SBI begins to investigate the falsification of investigative documents in the case against Prodan. As of today, we have managed to refute absolutely all the so-called “evidences” on which the suspicion was based. Several authoritative forensic examinations were made confirming that the correspondence in the Telegram messenger, hyped by the prosecutors, was fabricated. The information was taken not from Prodan’s phone, but from a flash drive. Experts found that some of the files were uploaded to the USB drive after it was removed. That is why I don’t even see the point of commenting on its “contents”. The examination found that Prodan cannot be physically related to correspondence. It was fabricated”, the lawyer explained.

According to Olha Prosianuk, the case is entirely based on fabrications. As an example, she cites the certificate on the family and close relatives of the ex-official income, provided by the investigation.

“We received official data from the tax inspectorate confirming that the family and the close relatives have declared incomes over the past 15 years that are much higher than the cost of the apartment they bought in Kyiv. Although the investigation claimed that the family had no confirmed income, and even submitted a certificate to the court. This is a very conspicuous example of how evidence is fabricated, how prosecutors try to give the appearance of evidence of illicit enrichment,” Prosianiuk explained.

The lawyer claims that the investigation did not provide any evidence that the ex-head of the SFS or his family members are related to the real estate objects appearing in the case.

“The testimonies of the witnesses referred to by the investigation exist only in the imagination of the prosecutors. Not a single witness has ever stated that the Prodans have anything to do with the real estate objects appearing in the case. On top of that, the decision of the Solomianskyi District Court dated February 6 states that both real estate and the cars mentioned have their legal owners. Now these owners are asserting their rights. As far as the information received by SAPO from the “competent authorities of Turkey” is concerned, which SAPO so frequently mentions, it also says that Prodan has no relation to this property!” Prosianiuk noted.

According to her, the SAPO keeps repeating the accusations, already refuted by the examination, by the facts and decisions of the courts, because they are afraid of responsibility for manipulation of the materials. In her opinion, such behaviour is a “natural form of protection” of law enforcement officers, because they may face serious punishment for the fabrication.

Prosianiuk is sure that the decision of the Constitutional Court, which repealed the article imputed to Myroslav Prodan, is a gift to the investigation, since the case would simply be closed before the trial.

“The recent decision of the Constitutional Court, which recognized article 382-2 of the Criminal Code as unconstitutional, is a gift not to us. This is a gift to the SAPO. Now they can take a sigh of relief, make a helpless gesture and close the case, ostensibly for reasons beyond their control. Indeed, otherwise, they would have to blush and turn pale in court, facing the music for a fake “evidence” base. For us, the decision of the Constitutional Court is a drawback, because we are interested not just in closing the case. We are interested in proving that the allegations are false, and the investigation materials are falsification,” Prosianiuk pointed out.

Reportedly, on February 4, the Solomianskyi District Court of Kyiv decided to return an international passport to the SFS ex-head Myroslav Prodan. The court decision is connected with the absence of any grounds for restricting his movements.