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Debate on the case of Savchenko, the position of prosecution and defence

Thursday, March 3, at Donetsk city court (Rostov region) has finished the debate on the case of Ukrainian pilots Hope Savchenko. The prosecution considered fully proven her guilt and asked her to be sentenced to 23 years for murder and attempted murder of employees of VGTRK, but also for illegal crossing of border with Russia.
In turn, lawyers Savchenko asked to fully justify it — according to them, fighters from the self-proclaimed Luhansk people's Republic has taken a prisoner before he was attacked.
Itself Savchenko, the court interrupted, before he could say the last word, moving the process on 9 March. Savchenko went on hunger strike.
According to the prosecution, on June 17, 2014 during the battle under Stukalovy beam in the territory of the self-proclaimed Luhansk people's Republic (LPR) has killed two employees of the Russian VGTRK Anton Voloshin and Igor Korneluk — the explosion of an artillery shell at the intersection of country roads near the village of Metalist.
Guilty of murder of journalists, the investigation considers the senior Lieutenant of the Ukrainian army Savchenko. In the East of Ukraine it was in the location of the volunteer battalion "Aidar" (was on vacation, and therefore acted according to his desire, and did not perform a military task, the investigators say). In the opinion of the state accuser, Savchenko cell tower spotting for the bombardment on the crossroads, where there were civilians and employees of the TV channel. Ukrainian military using data from Savchenko, between 11 and 12 am that day, at least six times shot at the intersection of howitzers. Another employee VGTRK Victor Denisov and six civilians managed to leave the place of attack and escape, which means Savchenko and her accomplices (as shot from howitzers and commander "Aydar" Sergey Melnichuk) failed to bring the intention to the end, said the Prosecutor.
According to Filipchuk, at 12:30 the same day, Savchenko was taken prisoner by the representatives LNR battalion Zarya and delivered on their bet in Lugansk.
The consequence considers as proven the fact of the involvement Savchenko to the murder. Its version confirm it with their testimony of numerous military LNR, which participated in the battle near the Stukalovy beam and took the pilot prisoner. They all confidently say that Savchenko was detained after the shooting, at about noon, and after her detention shelling almost ceased, and were inaccurate. The separatists claimed that on the crossroads, which killed employees VGTRK, was not their position, but there was an evacuation of civilians.
The Prosecutor reminded: Savchenko told the reporter that showed where to shoot: "Savchenko herself exposed. Then she from the words has refused, having explained that she did not want to issue a real spotter. But what was she to do? If it isn't said that the defense considers that it is not called adjustment of fire?"
Not paid attention to the prosecution and the billing of calls from your cell phone Savchenko, which, according to counsel, shows that at the time of the shelling she was in captivity in Lugansk. "Communication in that day was inconsistent, and you can't always trust data from billing," said the Prosecutor. The prosecution insists that in the area of fight a mobile tower went down, and the phones in the area stukalovy beam served Luhansk tower. Attorney Novikov at this point threw up his hands.

Then another Prosecutor Vladislav Kuznetsov — came to the story of another article of allegations about the illegal crossing of Savchenko Russian border. The prosecution insists that fighters of LNR yourself let go Savchenko, and she went to Russia under the guise of fleeing the war an ordinary woman: "Let go Savchenko was a gesture of goodwill [from the current head LNR Igor Carpenter]. After that, acting deliberately and secretly, she illegally crossed the state border of the Russian Federation".
23 June Savchenko "was found" at the entrance to the village of Kantemirovka Voronezh region — the car in which she was riding with the locals, stopped because the driver and passengers were not strapped in. On 30 June she was officially arrested, and on July 9, the official representative of SK Vladimir Markin has publicly announced the arrest of Savchenko, korrektirovke the shelling, which killed employees VGTRK.
According to the Prosecutor, Savchenko is not just committed murder, which was organized and planned Melnychuk, but made it "socially dangerous way" and "feeling hatred and hostility not only against the inhabitants of the Luhansk region, which does not recognize the legitimacy of the government in Kiev, but all English speaking and the Russian Federation".
Adding that Savchenko was not in the heat of passion and acknowledging it an aggravating circumstance "especially active role in crime", the Prosecutor asked the court to declare Savchenko is guilty and assign a sentence of 18 years in prison — for murder, 13 years for attempted murder, as well as impose a fine in the amount of 100 thousand rubles for illegal border crossing. All its articles, the Prosecutor asked Savchenko to 23 years in prison.
The position of the defense:
Savchenko on the process was defended by three lawyers, Ilya Novikov and mark Feigin and Nikolai Polozov. The first "provided a strong procedural defense", and Feigin and Polozov did mostly public support, "brought the matter to the world level is open and highlighted it for the whole time."
Three defenders assigned role in the debate: Novikov summarized the arguments of the defense on the main charge — the murder of VGTRK reporters and attempted murder of their colleagues Denisov.
Novikov reminded that the first result confirmed that Savchenko was killed the TV company's employees "to prevent to tell the truth". Later, however, the clause "b" of the 105th article of the criminal code (murder in connection with implementation of service activity) from the office of prosecution in the UK was removed. According to the lawyer, the investigators conducted an experiment that proved that to distinguish your camcorder from the machine with the distance of the mast repeater cannot. Then the investigation began to consider the version that Savchenko was put artillery on civilians.
In Savchenko's case, said Novikov, there are two main proof alibi for his client. "A lot of inconsistencies, but I don't want our main arguments were zamylivanie less relevant. We have reason to categorically claim that Savchenko was taken prisoner to the shelling at 10:46 she was already arrested," — said the lawyer. The defense insists that Savchenko was captured on June 17 at around 10:30 a.m., and the shelling, according to the prosecution, was between 11:40 and noon.
Alibi Savchenko, proves protection, is confirmed by billing her phone — after 10 am she was taking calls at the help station in Lugansk. The prosecution insists that this occurred due to the fault of the stations in the area of hostilities, and the advocates with the help of experts argued that Savchenko at this time was already in the rate of a battalion "Zarya" in Lugansk the military.
The second proof of an alibi is a video taken June 17, witness for the prosecution, one of the representatives LNR Egor Russian (there and detained Savchenko). "It cannot be said that the Ukrainians and Bandera, Savchenko who want to save, so this alibi can not find fault," said Novikov. On camera Russian, according to Novikov, was knocked down time, but contains shadows, the angle of incidence that the expert astronomer can determine the time. At this point, Novikov showed reporters a printout of a frame from the movie, however, judge Leonid Stepanenko demanded to remove a sheet of paper. But Novikov continued his speech.
Expert astronomer by the defense determined that, judging by the shadows, Savchenko was detained around 10:30. "The investigation is understood that stalled and it sent only 11-second excerpt with a question about whether it is possible for him to make an examination. Of course, the reply was that no, because there's no shade," said the lawyer.
In fact, there is testimony from almost two dozen separatists, who claim that Savchenko was taken prisoner after 12 hours. Novikov put their words into question: "My experience says that when it comes to reading more than two people, the match in some important details said that their words agreed in advance".
He questioned and the testimony of the Oslo fighter about the stairs, standing near the mast: "the Deceased friend ["Rod"] — an extremely valuable source of information, because it will not ask again".
Another important point Novikov said information about the victims at the intersection of the separatists. "The investigation is abstracted from the evidence that the attack was conducted against military objectives. The taxi driver Elfimov heatedly explained that there was at least a dozen killed. Besides Denisov on the video there is a scene where a man in camouflage drags another man in camouflage," said the lawyer. According to him, protection even exceeded its goal, proving not only that Savchenko not guilty, but also a "legal work day" worked for the army of Ukraine. "If it's "anti-terrorist operation", the artillery fire on an armed opponent is a legitimate operation," added Novikov.
Second, the lawyer Savchenko Nikolai Polozov told about events that took place with Savchenko after June 17, — its appearance and detention in Russia. The defence submits that it happened as a result of operation of the cover, which "was carried out by Russian special services together with the bandits quasi-public education LNR".
"After Savchenko fulfilled their military duty, she was captured by the militants, "Dawn" and had been illegally captured in Lugansk. If they would like to release Savchenko, showing uncharacteristic fighters gesture of charity, it can be folded out in the Village Lugansk, where there were no fights. According to the prosecution, she deliberately, secretly and without documents crossed the border and ended up in Russia, but the prosecution failed to explain the motives that induced Savchenko — she didn't want to get captured again, or wanted to travel to Russia without documents and money," Polozov.

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