Uģis Magonis has in no way helped Oleg Osinovsky’s company to win the purchase of locomotives, while the half a million euros in cash paid by Osinovskis Magonis is in no way related to Magonis’ position in .
The court agreed with the defense that the money was a payment to Magonis as an individual for defending Osinovsky’s interests in negotiations with the Russian Railways.
“Perhaps they are some other violations of a criminal nature, if significant damage has been caused. For example, violation of restrictions imposed on a public official, unauthorized participation in property transactions and the like. was, which was not confirmed in the court of first instance, “points out Magonis’ lawyer, sworn advocate Jānis Rozenbergs.
In its judgment, the court pointed to a number of problems on the prosecution side. For example, Osinovsky is accused of two crimes: giving and offering a bribe, but Magonis is accused only of accepting a bribe, not an offer. The accusations are generally vague. In addition, the court recognized the recorded conversations at Magonis’ residence, where the accused had negotiated the amount of the alleged bribe, as illegally obtained evidence, which cannot be used in court.
KNAB employees were allowed to listen to Magoni, but not to enter his place of residence.
In turn, an expert summoned by the defense told the court that it was possible to record the specific conversation only if the microphone had been placed in the territory of Magonis’ residence.
“The indictment of the accused has been proved guilty by a record of the conversation of 15 July 2015, which is admissible as inadmissible evidence because it was obtained in violation of the basic principles of the Law on Operational Activities,” the judgment said.
During the investigation, the head of the Operational Development Division of the KNAB was Juris Jurašs, who is now a deputy of the Saeima. He does not agree with the court’s conclusion on the violation of the law in the work of the KNAB and is convinced that the appellate instance will decide otherwise.
The prosecutor’s office has filed a protest against Magoni and Osinovski’s acquittal. The prosecutor’s office also challenged the conclusion that the defendants’ conversations were recorded illegally.
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