The murder of manager of AS Telasi, Nikoloz Lominazde, in 2002 is known for the public. In 2006 the murder was announced open and due to this, the following people: The financial manager of AS Telasi, Giorgi Gvichiani , Nodar Gvichiani- as the person who had ordered the murder, Nika Chemia, and Avtandil Kherkeladze as the mediators between the client and performer, and Giorgi Papachashvili as the firsthand performers of this murder were given in the criminal responsibility
The arresting of Giorgi Gvichiani and after his judgment according to the codex of criminal law, article 109, was based on the only testimony- The belying testify of Nodar Gvichiani about the order of the murder, instead of this , the last one who had made the other serious crimes, the procedure agreement was formalized and was completely exempted from the punishment. The condemn adjudge against Giorgi Gvichiani was also based on the indirect testifies of the participants of the murder Avtandil Kherkeladze and Giorgi Papachashvili about the order of the murder, who was also formalized by the procedure agreement. A. Kherkeladze was sentenced with 8 years’ imprisonment, and 5 years’ terms suspended sentence for G. Papachashvili. The third person, Nika Chemia, judged as a status of performer of murder did not find himself guilty and like Giorgi Gvichiani was sentenced with life imprisonment.
Neli Nikoleishvili, the lawyer of Giorgi Gvichiani has recently referred to the Main Prosecutor’s Office of Georgia with announcement and required the transmission of the conclusions of experts having been made in the USA about this case. In order to perform the requirement of the lawyer, the case studying was started, whereupon the following circumstances were educed:
During the investigation of this case the biological and fingerprint expertise were assigned in the expertise institution of Federal Bureau of United States of America, on 6th January, 2006. Where the film of the fingerprints of Nikoloz Lominadze taken from the place of murder, the two flues of cigarette, the clothes of Lominadze and the examples of saliva, hair and fingerprints of accused: Nika Chemia, Avtandil Kherkeladze, Giorgi Papachishvili and Nodar Gvichiani were sent for the relative research.
By the conclusion dated of 31st March, which entered from the Federal Bureau of investigation of USA in the Main Prosecutor’s Office of Georgia on 4th April, 2006, the existence of DNA of the performers of the murder of Nika Chemia, Avtandil Kherkeladze, Giorgi Papashvili and Nodar Gvichiani on the flues of cigarette is excluded. Though this mentioned conclusion was not enclosed in the case of criminal law as the proof and the case was held in the court without this conclusion. The conclusion being made in the laboratory and dated on 8th February, 2006 about not performance of research and not existence matters of fibber and the hair, was not also represented in the court, consequently, without the research of this conclusion, on 15th August, 2006 was the first guilty judgment made in the Court of first Instance.
Besides this mentioned, from the Export Department of American Federal Bureau came in the Main Prosecutor’s Office of Georgia in the uncertain time the conclusion dated on 7th September, 2006, according to it, the two fingerprints taken from the place of murder were not the fingerprints of the performance of murder of Nika Chemia, Avtandil Kherkeladze, Giorgi Papachishvili and Nodar Gvichiani. Nor this mentioned case was enclosed to the criminal law case and was not represented in the Appeal Court of Tbilisi, which left in the force the judgment of the Court of First Instance.
The above mentioned conclusions of the expertise expands the suppose about the fact, that the accused people in murder had not made the murder. Such suppose becomes more well-grounded if we foresee the circumstance that Georgian Courts convicted Gia Gvichiani in a purposely murder in the ground of an only direct testimony. On the ground of such person, who was given free rein instead of this testify.
Therefore, the objectivity of the judgment of the court on this case is also under the doubt because the ground of the guilty must be the totality of trustworthy proofs. and in this occasion the above mentioned conclusions reveal us Levan Gvichiani’s and other accused people’s innocence.
Because during the trails the Main Prosecutor’s Office of Georgia had these proofs, which were not represented in the court in appropriate time, with the appropriate petition – due to the newly occurred circumstances for the reconsideration of this case with through the petition, with the purpose of applying we transfer the conclusions of the mentioned expertise to the lawyer of defender of Gia Gvichaini’s interests.
The Prosecutor’s Office apologizes to the family members of Nikoloz Lominaze for reminding them such painful and tragic story and practically for recognizing that the murder of Nikoloz Lominaze is still undiscovered. Though the Prosecutor’s Office is liable to check all doubts and state the objective truth of the case.
In order to reveal why the conclusions of the expertise were not enclosed to the case of criminal law, The Main Prosecutor’s Office made a decision to start the investigation, according to the article (332) about the abuse of working duties.