The Varna District Court annulled the order of the District Prosecutor’s Office, which ended the criminal proceedings against the former mayor of Varna, Ivan Portnih, for the failed pipe under the lake Varna, which led to spillage of feces.
The court did not agree with the facts that the prosecution accepted and came to a completely different conclusion.
The prosecutor’s office should conduct an additional investigation in criminal proceedings against Ivan Portnih, according to the Varna District Court. His arguments are that the former mayor was told about a major breach when the pipeline was built across Lake Varna twice, but did not make any claim against the builder the facility. Therefore, he lost the warranty period in which the contractor could have repaired the facility at his expense. In this way, Ivan Portnih caused great damage because the facility needed additional repairs, the court says.
Ivan Portnih was also responsible for an accident in 2016, when the 43-44 meter pipe broke. This happened because the facility was placed on, and not under, the bottom of the lake, thus allowing Lake Varna to be polluted.
This has led to a disruption of the ecological balance in the ecosystem, an event of serious risk of loss of habitats of biological species and a general and extensive ecological change of the moisture of the water basin for a significant period of one year and two. months, the court said.
To rule, the District Court in Varna considered that the pre-trial proceedings had started in 2020. Ivan Portnih, then manager of the Water and Sewerage Company in Varna, as well as BT – a representative of the company that provided consultancy, design and engineering services on the project, and Ts. B. – one of the members of the State Reception Commission, which established suitability for the use of the project “Transformation of waste water treatment plant in Varna region “Asparuhovo” to pumping station and transport pipeline”.
The prosecutor’s office brought charges of document fraud on a very large scale, representing an extremely serious case,
After presenting the survey on October 2, 2023. of the defendants Portnich, BT and Ts. B., an order for partial termination was drawn up against the manager of Waterworks-Varna.
On December 4, 2023 the investigative materials were submitted to the Varna District Court with an indictment against the three defendants.
At a settlement meeting on February 14, 2024. the case was returned to the prosecutor’s office, due to the establishment of significant procedural violations, which led to the limitation of the procedural rights of the defendants and those who were the injury in the proceedings. The case was returned to the District Prosecutor’s Office – Varna on February 23, 2024.
After the case was returned to the prosecutor’s office, by order of 15 March 2024. to the supervising prosecutor, materials were separated for the actions of BT and Ts. B. crime under art. 212, para. 5 para. 2, para financial interests of the European Union.
On April 29, 2024 materials from the investigation were resubmitted to the Varna District Court with a lawsuit against Ivan Portnih for crimes under Article 352, Paragraph 4 of the Criminal Code and Article 219, Paragraph 4 of the Criminal Code.
A new prohibited session was held and with the ruling of the District Court – Varna from June 26, 2024. the case was returned again to the prosecutor for the elimination of procedural violations made.
After the additional investigation, the case was sent to the public prosecutor with a view to transfer it to court.
On October 17, 2024 by order, the leading prosecutor terminated the criminal proceedings against Ivan Portnich. Against this order, an appeal was filed by the city of Varna, by which it was requested to suspend the action of the prosecutor against the law, because in a factual situation that was correctly explained , a wrong final decision was made.
After evaluating the evidence collected in the case, the Varna District Court panel believed that the complaint of the Municipality of Varna had a solid basis.
The legal action is subject to appeal or protest before the Court of Appeal of Varna within 7 days.
**Beyond Mr. Portnih, what systemic issues might have contributed to the failure of the pipeline and the subsequent legal complications, according to Mr. Ivanov’s investigative work?**
## World Today News Interview: The Failed Pipeline Under Lake Varna
**Introduction:**
Welcome to World Today News. Today, we’ll be discussing the recent decision by the Varna District Court to annul the termination of criminal proceedings against former Varna mayor Ivan Portnih.
This complex case revolves around a failed pipeline under Lake Varna that resulted in sewage leakage and significant environmental damage. Joining us today are:
* **Dr. Elena Petrova:** Environmental Law expert and professor at Sofia University.
* **Mr. Stefan Ivanov:** Investigative journalist who has extensively covered the Varna pipeline case.
**Section 1: The Legal Battle**
* **Interviewer:** Dr. Petrova, the court acknowledged significant procedural violations in the initial investigation. Can you elaborate on what these violations might have entailed and their potential impact on the case?
* **Interviewer:** Mr. Ivanov, your reporting followed the twists and turns of this legal battle. What factors might have contributed to the prosecutor’s office initially terminating the proceedings against Mr. Portnih?
* **Interviewer:** Dr. Petrova, the court cited a “wrong final decision” by the prosecutor. What legal grounds might the court have used to reach this conclusion, and how unusual is such a decision?
**Section 2: Environmental Impact**
* **Interviewer:** Mr. Ivanov, your coverage highlighted the severe environmental consequences of the pipeline failure. Can you paint a picture of the damage caused to Lake Varna’s ecosystem?
* **Interviewer:** Dr. Petrova, the court highlighted the ecological damage as a key factor in its decision. How does Bulgarian law address environmental crimes like this, and what kind of penalties might Mr. Portnih face if convicted?
* **Interviewer:** Mr. Ivanov, what is the current state of Lake Varna? Have any remediation efforts been undertaken, and what are the long-term environmental implications of this incident?
**Section 3: Accountability and Responsibility**
* **Interviewer:** Mr. Ivanov, the article mentions that the pipeline was built with substantial flaws. What role did various parties play in this project, and who ultimately bears responsibility for the failure?
* **Interviewer:** Dr. Petrova, is it common for cases like this to involve multiple actors sharing responsibility? How does Bulgarian law handle such situations?
* **Interviewer:** Mr. Ivanov, what are the broader implications of this case for public confidence in Bulgarian infrastructure projects and environmental protection?
**Conclusion:**
* **Interviewer:** Thank you, Dr. Petrova and Mr. Ivanov, for shedding light on this complex and important case. The decision to annul the termination of criminal proceedings against Mr. Portnih signifies the gravity of the situation and the importance of holding individuals accountable for environmental wrongdoing. We encourage our viewers to stay informed and engaged on this issue as it continues to unfold.
