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Hard Evidence and/or a Fourteen-Year Sentence?

February 15, 2008
Case on Malkhaz Zhuzhunadze, former Chairperson of the Akhaltsikhe Precinct Election Commission # 37, was transferred to the Akhaltsikhe District Court for further investigation. On November 4 2007 officers from the Akhaltsikhe District Police Department arrested Malkhaz Zhuzhubnadzein his house,  based on operational information; the detainee was accused for having illegally  purchased and stored of narcotic substances (Georgian Criminal Code, Article 260, Paragraph II, a).

The narcotics that were confiscated from the house at the time of the search were then combined with a medical conclusion that confirmed that the detainee was actually under influence of an illegal substance at the time of his detention. Zhuzhunadze was subsequently place in prison.

Nugzar Samarjishvili, the attorney of the detainee, stated that the health condition of the detainee is satisfactory for the moment and that a preliminary investigation has been completed.  The prosecutor’s office concluded that the accused had committed crime. “However, it does not mean that the accused is guilty,” said the attorney and this must be proved in court of law.

The Prosecutor’s Office has transferred the case materials to Akhaltsikhe District Court for thorough investigation.

Samarjishvili stated that Malkhaz Zhuzhunadze categorically denies the serious accusations made against him, and his attorney is also convinced bout the innocence of his client. As for the narcotics confiscated from the house of the detainee, is not enough evidence against his client. “Discovery of the narcotics in his house does not mean that it actually belonged to him. It is not valid argument to prove his guilt or innocence.”

The attorney also claimed that medical conclusion also raises many questions but for now he is not making any appeal in terms of the medical report.  . “I only became involved in the process late, and this was after the deadline for filing an appeal against the medical conclusion. The window for making an appeal had already closed. It had no sense under the circumstances to request that the qualifications of the medical conclusion be brought into question.”

Sarajishvili claimed it the police have a weak argument against his client. “We have valid arguments to prove the innocence of Malkhaz Zhuzhunadze. However, we are not making them public yet. We will use those arguments during the judiciary investigation and for court arguments.”

Preliminary investigation generally lasts for two months. After that the prisoner is no longer in the charge of the court, and it has its fixed time-limit.

“Nobody is eager to prolong the time and breach imprisonment time limits. I suppose discussions will open in the case discussion and these will commence in the nearest future,” said the attorney.

If Malkhaz Zhuzhunadze is found guilty he faces a term in prison from 7 to 14 years.

Nugzar Sarajishvili is sure that the court will find his client innocent; otherwise he will appeal the verdict to a higher court.

Gulo Kokhodze, Akhaltsikhe

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