Odesa Court Acquits Ex-State Executor Accused of $2,700 Bribe

In Odesa, a former official of the State Enforcement Service (SES), accused of extortion and bribery, was put in the dock. However, the court sided with him and released him from punishment.

This is stated in the verdict of the Khadzhibey District Court, writes Court Reporter.

According to the indictment, the official, acting for mercenary motives, demanded $3,000 from a citizen for removing the encumbrance from a Volkswagen Passat. After bargaining, the bribe was reduced to USD 2700.

The first demand was made by the accused on September 26, 2019, during a personal communication with the citizen. Later, on October 2, 2019, during a meeting near the Tavria-2 store in Odesa, he confirmed his demands. To avoid exposure, the defendant used the Telegram messenger to organize another meeting.

On October 8, 2019, during a meeting on Serednyi Street in Odesa, the defendant finally agreed on the amount of the bribe of USD 2700. Finally, on October 16, 2019, in his office on Rozumovska Street, he received the specified amount, which the victim put in a box with paper on his instructions.

During the trial, the accused did not admit his guilt, refused to testify and declared his innocence of the incriminated actions.

The applicant in this case gave inconsistent testimony. She confirmed that the enforcement proceedings were handled by another state enforcement officer. She met the accused in the corridor, where he, according to her, offered her his help. The woman could not clearly explain when exactly the first meeting took place and when the question of money came up.

The applicant herself handed over the money to the bailiff, which had previously been marked by SBU officers. At the same time, she did not receive any personal benefit from this man. It is also known that the woman has the status of a victim in another bribery case.

It turned out that the man whom the applicant tried to help was not the owner of the car. He had already been prosecuted for using false documents when transporting the car across the border. Moreover, based on his statements, two other employees of the Odesa Customs are being tried for corruption.

The court did not see any provocation in the defendant's actions, but acquitted the former bailiff on other grounds.

The court noted that the position of a senior bailiff of the SES is not a law enforcement position, so the investigation should have been conducted by the National Police, not the SBI. Due to the violation of jurisdiction, the evidence collected was declared inadmissible.

The court also found that the defendant did not have the authority to remove the encumbrance from the car, as this was done by another contractor.

No phonoscopic examination of the audio recordings of the wiretap was conducted, so the court could not confidently establish that the recordings actually captured the defendant and the applicant. As a result, the court concluded that the charges had not been proven beyond a reasonable doubt.

Ірина Глухова