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The prosecutor’s witness claims the lawyer Mdinaradze pulled his and chief police officer’s ears

September 22, 2016
 
Lana Giorgidze

On September 14, next hearing into the case of Lasha Kvirkvaia, the former head of the Vake-Saburtalo police unit # 5 was held at the Tbilisi City Court. The judge of the Tbilisi City Court Lili Mskhiladze heard the statements of the prosecutor’s witnesses. They had witnessed physica assault of the lawyer Giorgi Mdinaradze in the police office. 

In November, 2015 Lasha Kvirkvaia, the former head of the Tbilisi Vake-Saburtalo district police unit # 5 was accused and arrested for the abuse of power. However, on December 29, 2015 he was freed in exchange of bail - 10 000 GEL. 

On November 8, 2015 the lawyer Giorgi Mdinaradze was hospitalized, because of the injuries. The lawyer claimed he was physically assaulted while performing his professional duty in the Vake-Saburtalo district police unit # 5. The prosecutor’s office launched the investigation based on the Article 333, part I of the Criminal Code of Georgia, which implies abuse of power. 

Ten NGOs responded to the incident and demanded immediate investigation of the case. NGOs called on the prosecutor’s office to immediately investigate the incident and update the society with the information about the results. 

“Giorgi Mdinaradze hit the door’s frame”

Humanrights.ge recorded the statements of the prosecutor’s witnesses during the court hearing. We publish significant extracts from their testimonies. 

Davit Gaprindashvili, the prosecutor’s witness, is a policeman. At night of November 7, 2015 he was in the police unit # 5. He said the lawyer Giorgi Mdinaradze came to the police station to defend the interests of the juvenile detainee; the lawyer aggressively talked to the investigator Nino Zangurashvili. 

Davit Gaprindashvili, the prosecutor’s witness: “Giorgi Mdinaradze demonstrated big aggression towards Nino Zangurashvili. He was rude and disrespectful towards her saying she was incompetent. At that time I was sitting at the next table and heard everything. Because of his rude behavior, I intervened in the conversation, stood up and called on Girogi Mdinaradze to address the investigator politely. I pointed him that there was no need to talk aggressively, moreover as the investigator was a woman. Giorgi Mdinaradze turned around, came closely to me and told me: “It is not your business, boy, why are you interfering in our conversation?” He brought his face very close to mine, touched my ear and pulled it. I made him hand off me immediately and asked loudly – what do you dare… On the noise head of the police unit Lasha Kvirkvaia came and asked what was going on. I explained him the details. Lasha asked Mdinaradze why he was acting that way. Giorgi Mdinaradze turned to Lasha and redirected the question to him – why are you intervening, how long do you work in police, brought his face very close to Lasha’s and pulled his ear too. After that Lasha Kvirkvaia ordered to detain the lawyer. As soon as the lawyer learnt about the arrest, he became aggressive and could not control himself anymore. I and Giorgi Tsignadze tried to move him away from the central hall and to bring him in the room of the deputy chief of the police unit Givi Sikharulidze,.  As the door-frame was narrow and we were three people together moving through it I went first  and tried to drag Giorgi Mdinaradze inside. The same time Giorgi hit the door’s frame and tried not to go away from the door and pressed his face towards the frame. We managed to take him inside the room. However, he tried to skip away from us and fell down; I could not keep myself and fell over him. Mdinaradze was shaking his hands and legs and did not allow us to put handcuffs on him. I and Giorgi Tsignadze managed to put handcuffs behind his back, and made him get up and sit on the chair. Afterwards we stand next to the detainee in order to avoid self-injury”. 

The witness Gaprindashvili said the lawyer Mdinaradze calmed down after the arrest and asked the policemen to let him go home: “We agreed with the deputy chief police officer Givi Sikharulidze and decided to free Giorgi Mdinaradze under the signature. The witness said as Mdinaradze had told them, he had no problems during the investigation”. 

After the witness finished his statement, the prosecutor asked him to recall in details how the tables were located in the police station and who and where people weresitting in the office. Davit Gaprindashvili said on November 7 there were an investigator, the juvenile detainee, the lawyer and the legal representative of the accused person, in particular, the father of the accused person. Gaprindashvili added Giorgi Tsignadze was also there, who was sitting close to the investigator’s table: “Of course, the security officer was also there”. 

The lawyer of Kvirkvaia was irritated by the question of the prosecutor Irakli Kardava who inquired with what words the lawyer Mdinaradze insulted the investigator Nino Zangurashvili and he solicited to avoid the question, but the judge Lili Mskhiladze did not satisfy the solicitation. 

The prosecutor also asked why Davit Gaprindashvili did not detain the lawyer Giorgi Mdinaradze before Lasha Kvirkvaia came out and why he waited the chief if Mdinaradze verbally and physically assaulted the police officer. Davit Gaprindashvili replied he would definitely arrest Mdinaradze if the chief police officer had not intervened promptly. 

The witness mentioned that while arresting Giorgi Mdinaradze he was injured, in particular, he had blood prints on the neck and hands. The lawyer of the accused person reminded him about the injuries and said the expertise proved it. The lawyer of accused person was rebuked by the court because he could not provide the expertise conclusion on the witness’ injury during the incident; the lawyer could only speak about the facts and it caused his dissatisfaction. 

“It was first time when the lawyer was arrested and we also got confused”

The witness Giorgi Tsignadze is also a policeman. He was in the police station during the incident. Like Davit Gaprindashvili he also mentioned that the lawyer Girogi Mdinaradze called the investigator incompetent, and then insulted Davit Gaprindashvili, who intervened in the conversation of the lawyer with the investigator. Tsignadze also mentioned that after the verbal insult Mdinaradze physically assaulted Davit Gaprindashvili. 

“When Lasha Kvirkvaia intervened in the conversation and understood figured out the situation, Giorgi Mdinaradze turned to him and said: “why do you interfere, how long you do work in the police?”. Mdinaradze insulted police as well. He did not allow us to bring him in another room while we were arresting him. It was the first time we detained a lawyer. Therefore, we were also confused”, - Tsignadze explained. 

Tsignadze said because of the confusion he could not recall who was in the police unit in the moment of the incident or who put handcuffs on Mdinaradze. 

Regarding the phone call, both witnesses mentioned that when Mdinaradze’s phone called, Mdinaradze told them his pregnant wife would worry and asked them to allow him answer the call. The witnesses said they gave him right to answer. The witnesses categorically denied that Mdinaradze replied to the phone call when he was arrested, as they said Giorgi Mdinaradze’s phone had cover and he could not answer without removing it from the cover. The witnesses’ testimony contradicts the information provided by Mdinaradze. The latter told media that he accidently answered the phone call through touch screen while he was beaten. That is how his wife learned about the arrest and beatings.  

On September 14, Mamuka Mamukiani was interrogated as a witness in the court. He was on duty on the first floor of the police unit when the incident happened. Mamukiani provided the court with different information: “When the loud speaking started I turned around, but soon returned to my duty station. I did not hear the words. When I heard loud speaking again, I turned around and saw Gaprindashvili and Mdinaradze. They were up and I saw Mdinaradze slapped Gaprindashvili. While arresting they tried to put handcuffs on the lawyer, but he resisted. They hit the tables and Mdinaradze fell down. Mdinaradze hit the doors before entering the office as well. I think they could not manage to put handcuffs on him before entering the room”, - the witness Mamukiani said. 

Eka Kobesashvili, the lawyer of Human Rights Center, defends the interests of Giorgi Mdinaradze. Humanrights.ge asked her to evaluate the testimonies of the prosecutor’s witnesses. 

“The witnesses are acting police officers. Their testimonies are not trustworthy, because they try to verify the testimonies they gave during the investigation, when the head of their office Lasha Kvirkvaia was still accused person and they could not give the testimonies against him. If they now give true testimonies to the court, they will be punished for changing it. Regarding the facts the testimonies of the witnesses are very different from the testimonies of the witnesses who are impartial and do not have any private or professional ties to the case”, - Eka Kobesashvili declared. 

Next trial in Lasha Kvirkvaia’s case is scheduled on September 28. 

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