Statement of main Prosecutor’s Office

2013-01-25 12:00:00

The Main Prosecutor’s Office has renounced the criminal law accusation of the lawyer Tamila Kutateladze. Tamila Kutateladze was arrested by the Service of Investigation of Ministry of Finance on 5th September, 2011 in the accusation of group fraud.

The accused T. Kutateladze has immediately indicated, that Davit Gagnidze, the Head of the Department of the mentioned Investigation Service, was interested by her imprisonment. Because while she was working as a prosecutor of the region of Isani- Samgori, concerning one of the criminal laws, their relationship was tensed. Kutateladze was arraigned for cursing Gagnidze. The legal reason for the arraigning was named the prevention for the investigation.
By the materials of investigation, in 2009, the lawyer Kutateladze defended the interests of Sh. Kutsniashvili and I. Ananidze on different criminal laws in Tbilisi and Batumi. In one occasion independently, and in second occasion with M. Tsintsadze and I. Sekhniashvili, she assured the members of the prisoners’ families that if she gave the fraud to the officials, she would achieve procedural  agreements with Prosecutor’s Office and in the condition of paying the forfeit, she would liberate the prisoners. According to the accusation, in such way T. Kutateladze, independently possessed 35 000 GEL in the occasion of Ananidze and in the occasion of Kutsnashvili, she possessed 20 000 USD with the partners
During the consideration  of Kutatelades’s case in the Municipal Court of Tbilisi, the judge Jorbenadze has recognized every proof impossible, presented by Kutateladze and her lawyer in the ground of not presenting on time. On the initial stage of the discussing of the case and after during the trial, he dislodged  Kutateladze and her lawyer from the court. After this, against the willing of accused, she was defended by the lawyer of treasury, who made the case of self avoiding in the trial, but the court did not satisfy this intercede  too. By the verdict of lawyer Naira Gigitashvili of December, 2011, in the ground of procedural agreement, the accused M. Tsintsadze and I. Sekhniashvili were liberated from the trial and Tamila Kutateladze was sentenced with 5 years term of preventing freedom. The verdict of first Instance, was appealed  by the accused in the Appeal Court.
During the consideration  of this case, in the Appeal Court, the supported accusing prosecutor of the state was changed.
As the result of studying this case again in details, the side of accusing came to the conclusion, that there was not any proof against the accusation of Tamila Kutateladze.

In the case of criminal law, for the direct “proof” was used the testify of accused Tsintsadze in both cases, which were mutually excepted, which were not stable by other proofs. More- in the episode of Kutsniashvili, it is  unequivocal identified,  that with the help of I. Sekhniashvili, after the telephone contact with the family of accused, exactly Tsintsadze ( whose testify is the main ”proof” in this case) possessed fraudulently the whole money. But the lawyer Kutateladze did not have any agreement with the family members of the accused. The Kutsnashvili family with the advice of Tsintsadze hired Kutateladze, and introduced after several days of transferring money.
Concerning the episode of I. Ananidze: with the proofs being in this case, besides the honorary for Kutateladze, is not proved any other money transfer.
Critically was appreciated the circumstance that Tsintsadze individually returned this money  to the damaged person. Also the important aspect for the investigation became the fact that after the year and a half of avoiding Kutateladze, the family of Kutsniashvili referred to the services of law defender and in the case of Ananidze after two year.