The defense in the case of the rape of a minor in Transcarpathia requested the dismissal of another judge
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The lawyers of the defendants in the case of the rape of a 14-year-old girl filed a new motion to recuse the judge who was supposed to consider the recusal of his colleague in this case.
This was reported to “UP.Zhyttia” by the victim’s lawyer, Artem Krykun-Trush.
On the morning of September 29, judge Pavlyuk S.S. had to consider the statement of the defense about the recusal of the judge of the Volovetsky district court of the Transcarpathian region Pelikha O.O.
At the preliminary meeting, the lawyers of the accused filed a rebuttal to judge Pelikh O.O. because of the alleged bias of the representative of justice. Because at the first hearing of the appeal in the case, he satisfied the request of the Commissioner for Human Rights, Dmytro Lubinets, and allowed his representatives to participate in closed court sessions.
| Photo: nejron/Depositphotos |
However, at the hearing of the application for recusal, the lawyers of the offenders again announced the recusal of the judge due to the fact that he had previously issued rulings in this criminal proceeding as an investigating judge. And this is allegedly an obstacle to his consideration of the appeal of judge Pelikh O.O.
The victim’s lawyers objected, referring to the fact that Criminal Procedure Code of Ukraine does not provide for the opportunity to challenge the judge who is considering the challenge.
According to the lawyer Artem Krykun-Trush, judge Pavlyuk S.S. had the right to leave this new application for recusal without consideration. But the prosecutor supported her, and the judge ended the proceedings.
“All the actions of the defendants’ lawyers with these baseless objections are aimed at prolonging the proceedings to the detriment of the victims. Because they know that the materials contain the conclusion of a psychological examination that there is a real risk of re-traumatization of the victim. Their actions show a complete lack of sincere remorse.
In this situation, I was most surprised by the prosecutor, who supported this statement of recusal, which was not provided for by law. I hope the management will review her actions”he said.
The lawyer added that of the three judges in the Volovets district court, only judge Sofilkanych O.A., who heard this case for the first time, remained. According to the lawyer, the defense party will try to appeal to her as well – then their appeals will be transferred to another court, which will significantly delay the case.
Read also: Gang rape of a girl in Transcarpathia: what is wrong with the sentence and what are the chances of justice
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