site.btaCourt Releases Judge Roumyana Chenalova on Lv 8,000 Bail
NW 14:56:01 17-04-2015
SN1455NW.104
104 HOME AFFAIRS - JUDGE CHENALOVA - BAIL
Court Releases Judge
Roumyana Chenalova
on Lv 8,000 Bail
Sofia, April 17 (BTA) - After a five-hour hearing, the Sofia
City Court released Roumyana Chenalova from custody on 8,000
leva bail late Thursday evening.
In January 2015, the Supreme Judicial Council suspended
Chenalova as judge at the Sofia City Court for six months on
account of a disciplinary procedure in connection with alleged
mishandling of a bankruptcy case against two Bulgarian
subsidiaries of France's Belvedere Group: Belvedere Distribution
and Domain Menada.
On February 26, the Sofia City Prosecution Office instituted a
pre-trial proceeding against Chenalova in connection with
malfeasance in office and a document offence. On April 14, she
was placed on a national wanted list after failing to appear at
the investigation service on a subpoena. Later in the day, she
turned herself in at the National Investigation Service and was
detained.
The prosecution wanted Chenalova remanded indefinitely, arguing
that she may abscond. The court found that the prosecution had
only presented evidence of a document offence which, however, is
not a serious intentional offence and does not warrant
continued detention. Judge Vesselina Stavreva, who took over the
case of the precautionary measure to secure Chenalova's
appearance after seven other judges recused themselves, held
that she is not a risk of absconding and of reoffending and,
therefore, cannot be left in custody.
The court pointed out that the investigating magistrates did not
specify the substance of the acts committed by Chenalova, for
which she has been charged. The indictment does not point
exactly what harmful consequence ensued from her acts, Stavreva
argued.
According to the prosecution case, Chenalova committed
malfeasance in office and a document offence on April 22, 2014
when she corrected a record of a court hearing of a commercial
case instituted in 2013 by United Energy Traders OOD (UET)
against the National Electric Company (NEK) so as to enable the
plaintiffs to submit evidence in their favour at the last
moment: three invoices issued by NEK to UET. The investigators
argued that the judge thus breached a number of provisions of
the Code of Civil Procedure because there was a sound recording
of the hearing and the record can only be corrected on its
basis.
The court found that there was testimony in the case implicating
Chenalova of accepting a 690,000 leva in the UET vs. NEK case,
but this lead was entirely ignored by the prosecution. Chenalova
described this testimony as "absurd", arguing that "no person
in his right mind would give such a large amount without a
judgment having been rendered in the case."
"Once I'm in custody, this will definitely bring the reform in
the judicial system to an end. It has already ended," the
accused pointed out. "I have ben described as the judge of
[former President Georgi] Purvanov, the judge of [former
Interior Minister Tsvetan] Tsvetanov and the judge of
[controversial businessman Delyan] Peevski. I obviously am not,
because nobody helped me," she said in an emotional speech,
addressing the court.
Prosecutor General Sotir Tsatsarov expects the prosecution to
appeal Chenalova release before the Sofia Appellate Court. In
his assessment, prosecutors working on this case "did a very
good job". LN/LG
/СН/
SN1455NW.104
104 HOME AFFAIRS - JUDGE CHENALOVA - BAIL
Court Releases Judge
Roumyana Chenalova
on Lv 8,000 Bail
Sofia, April 17 (BTA) - After a five-hour hearing, the Sofia
City Court released Roumyana Chenalova from custody on 8,000
leva bail late Thursday evening.
In January 2015, the Supreme Judicial Council suspended
Chenalova as judge at the Sofia City Court for six months on
account of a disciplinary procedure in connection with alleged
mishandling of a bankruptcy case against two Bulgarian
subsidiaries of France's Belvedere Group: Belvedere Distribution
and Domain Menada.
On February 26, the Sofia City Prosecution Office instituted a
pre-trial proceeding against Chenalova in connection with
malfeasance in office and a document offence. On April 14, she
was placed on a national wanted list after failing to appear at
the investigation service on a subpoena. Later in the day, she
turned herself in at the National Investigation Service and was
detained.
The prosecution wanted Chenalova remanded indefinitely, arguing
that she may abscond. The court found that the prosecution had
only presented evidence of a document offence which, however, is
not a serious intentional offence and does not warrant
continued detention. Judge Vesselina Stavreva, who took over the
case of the precautionary measure to secure Chenalova's
appearance after seven other judges recused themselves, held
that she is not a risk of absconding and of reoffending and,
therefore, cannot be left in custody.
The court pointed out that the investigating magistrates did not
specify the substance of the acts committed by Chenalova, for
which she has been charged. The indictment does not point
exactly what harmful consequence ensued from her acts, Stavreva
argued.
According to the prosecution case, Chenalova committed
malfeasance in office and a document offence on April 22, 2014
when she corrected a record of a court hearing of a commercial
case instituted in 2013 by United Energy Traders OOD (UET)
against the National Electric Company (NEK) so as to enable the
plaintiffs to submit evidence in their favour at the last
moment: three invoices issued by NEK to UET. The investigators
argued that the judge thus breached a number of provisions of
the Code of Civil Procedure because there was a sound recording
of the hearing and the record can only be corrected on its
basis.
The court found that there was testimony in the case implicating
Chenalova of accepting a 690,000 leva in the UET vs. NEK case,
but this lead was entirely ignored by the prosecution. Chenalova
described this testimony as "absurd", arguing that "no person
in his right mind would give such a large amount without a
judgment having been rendered in the case."
"Once I'm in custody, this will definitely bring the reform in
the judicial system to an end. It has already ended," the
accused pointed out. "I have ben described as the judge of
[former President Georgi] Purvanov, the judge of [former
Interior Minister Tsvetan] Tsvetanov and the judge of
[controversial businessman Delyan] Peevski. I obviously am not,
because nobody helped me," she said in an emotional speech,
addressing the court.
Prosecutor General Sotir Tsatsarov expects the prosecution to
appeal Chenalova release before the Sofia Appellate Court. In
his assessment, prosecutors working on this case "did a very
good job". LN/LG
/СН/
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