09 July 2012, 22:40

Defence in Ilya Dzhaparidze's murder case to file supervisory appeal against court's verdict

Alexander Vasiliev, the lawyer of the defendant in the case of murder of Ilya Dzhaparidze declared his intention to file a supervisory appeal against the verdict against his client Yuri Tikhomirov. The defender hopes to mitigate the verdict of guilty.

The "Caucasian Knot" has reported that today, the panel of judges on criminal cases of the Moscow City Court dismissed the complaints, filed by the victims and the defence against the verdict of the Lublino District Court in the case of murder of anti-fascist Ilya Dzhaparidze, pronounced against Yuri Tikhomirov, a 24-year resident of the town of Dubna of the Moscow Region. On April 17, he was found guilty of murdering Ilya Dzhaparidze and sentenced to 10 years of imprisonment in a high security colony and payment of one million roubles compensation to the victims.

Immediately after the court hearing, the lawyer of Yuri Tikhomirov told the "Caucasian Knot" correspondent that he would challenge the court's decision not in terms of conviction, but in terms of pronounced punishment.

"I will ask the supervisory authority to reduce the sentence to my client, I have reasons for that," Alexander Vasiliev believes.

During the consideration of appeals, which began with a 1.5-hour delay, Yuri Tikhomirov participated in the court session via video bridge. The courtroom was also attended by representatives of the media.

In his appeal, the lawyer Alexander Vasiliev asked the court to cancel the sentence due to the fact that the findings of the court, set forth in the verdict, do not correspond to the actual circumstances of the criminal case and are not confirmed by the evidence, presented in the court.

Besides, the lawyer pointed out that the verdict was based on the testimony of Yuri Tikhomirov, which were given during the preliminary investigation and were not confirmed during the trial. According to Alexander Vasiliev, the entire verdict was based on inadmissible evidences. The lawyer asked to acquit Yuri Tikhomirov.

In his appeal, the defendant Yuri Tikhomirov also asked the court to cancel the verdict due to the absence of convincing evidence of his guilt in committing the crime.

The defendant pointed out that his confession during the preliminary investigation represented self-incrimination after being subjected to torture and psychological pressure.

"Investigators did not reveal a motive of the crime, and the court went beyond the charges, stating that the crime had been committed to take revenge," Yuri Tikhomirov said.

In his appeal, the representative of the victims the Dzhaparidze family also requested to cancel the verdict in connection with excessive mildness of punishment. The victims believe that "Yuri Tikhomirov committed the murder with extreme cruelty, and that is evidenced by 4 shots to the head and 26 stab wounds."

In their objections against the filed appeals, prosecutors asked the panel of judges to uphold the verdict.

Prosecutor Kalavaites called the verdict of the Lublino District Court lawful and justified and stated that the actions of the convicted person were properly qualified by the first instance court. According to the representative of public prosecution, the verdict and the sentence were pronounced to the defendant within the charges, filed against him.

The Prosecutor called the arguments of the defence's appeal inconsistent.

"During the preliminary investigation, versions of the physical and psychological pressure were not confirmed by the conducted check. The guilt of the convicted person was confirmed in the course of reviewing all the evidences together, and it was also confirmed by the testimonies of witnesses and written materials of the case. The court has no reasons not to trust the testimonies of witnesses," the Prosecutor stated.

The panel of judges took about 15 minutes to make the decision. As a result, the decision of the first instance court was upheld, the penalty was remained unchanged, and the appeals, filed by all participants in the trial, were dismissed.

Author: Julia Buslavskaya Source: CK correspondent

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