Court Finds a CSD High-Ranking Official Guilty, While a Case of a Convict has been Re-Examined

2019-01-26 13:11:03

The trial of CSD high level official K.A. charged with unlawful confiscation was concluded at Tbilisi City Court on January 11, 2019. The Court completely upheld the evidence produced by the prosecution and found K.A., the head of Main Regional Division of the West of the Constitutional Security Department of the Ministry of Internal Affairs of Georgia, guilty as charged. Moreover, Kutaisi Court of Appeals rendered a judgement of acquittal concerned unlawfully convicted Nodar Kakabadze, based on a motion by the Prosecutor’s Office. 

The evidence produced by the Prosecutor’s Office and the court judgement confirmed the following: in 2008-2009, the Head of the Regional Main Division of the West, Constitutional Security Department, Ministry of Internal Affairs of Georgia – Head of so-called “Imereti Security Service” – K.A., with the help of the officers of the Constitutional Security Department, was extorting money from businessmen carrying out their business activities in Imereti region, which had a systematic character. In particular, in the month of August 2008, K.A.gave an illegal instruction to his subordinate operative officer of the Constitutional Security Department, to find specific entrepreneurs, who would have been be able to pay such amounts because he was in need of money. In order to perform the task, K. Tch. contacted the Director of LAGI LLC – L.K., and demanded them to donate funds in order to avoid problems in future.

In this regard, the affected businessman, at the request of K.Tch., transferred ₾15,000 to the bank account opened in the name of a natural person with close relations with the Constitutional Security Department, whereupon the funds ended up at K.A.’s disposal. 

Similarly, in August 2008, K.A. further committed another act of extortion against the representatives of LUXE LLC as well.

In particular, K.C., acting at the instructions of their superior, summoned the Director of Luxe LLC – Zaza Vashakidz, to the Imereti CSD building and demanded them to pay money in order to avoid future problems. With the view of avoiding possible complications, representatives of the company paid ₾100,000, which the operative officer handed over to K.A. as instructed. After some time, representatives of the aforesaid company again became the victims of K.A.’s illegal actions, when they were forced to donate additional ₾10,000. Ultimately, ₾110,000 was extorted from the company due to the pressure and coercion exercised by K.A. and officers of the CSD. In August 2008, intending to avoid impending complications from certain law enforcement officers, D.K., a Kutaisi local businessman, handed over Lexus and Mitsubishi vehicles owned by their family to CSD high-ranking officials, as a result of illegal demands and psychological pressure by K.A. and the CSD operative officer. Since the former high-ranking official of the CSD – K.A. left the territory of Georgia, they were indicted and tried in absentia.

By the judgement of Tbilisi City Court, CSD hi level official K.A. was sentenced to imprisonment for 2 years and 3 months for four counts of the offense punishable under Article 333§1 of the Criminal Code of Georgia, applying the principle of absorption and the Law of Georgia on Amnesty; the convict was deprived the right to hold an official position for the same term. 

The Prosecutor’s Office resorted to every legal means to restore Citizen Nodar Kakabadze’s violated rights, who was made surrender his property and was unlawfully convicted in 2011-2012. 

Nodar Kakabadze incorporated FLY ADJARA LLC, the main activity of which was international shipping. 

In October 2010, FLY ADJARA LLC was shipping combat cartridges from one state to another by air, with an appropriate permit and on based on a contract entered with foreign partners,  when they landed in Batumi International Airport to refuel. At the time, military police officers of the Ministry of Defense arrested the crew members and Nodar Kakabadze, the founder of FLY ADJARA LLC, for an alleged reason as if they were smuggling ammunition by transit.

Employees of the Ministry of Defense demanded detained Nodar Kakabadze to give up the property of his company. As a result of the pressure, a plea bargain was made with Nodar Kakabadze after several months of imprisonment and he left the jail.

Later on, employees subordinated to the General Staff of Ministry of Defense and the Military Police Department, from the hangar located in the Batumi loaded the aircrafts owned by "FLY ADJARA" LDT on trailers by using a crane and illegally transported them to the 31st Factory in Tbilisi against the will of the owners, with the purpose of their further use and appropriation; in result, the owners were denied the title to the property and to manage it.

The investigation conducted by the new Department uncovered completely new evidence and circumstances acquitting the convict, relevant information relating to the fact that the ammunition was shipped in full compliance with the requirements of the law was requested from state institutions, in addition, investigation revealed illegal interests of certain high-ranking officials of the Ministry of Defense in Nodar Kakabadze's conviction and taking possession of the property of his company. Thus, Kutaisi Court of Appeals fully upheld the evidence produced by the Prosecutor’s Office and rendered a judgement of acquittal. As for unlawfully confiscated property, based on the decision of the Prosecutor’s Office in June 2017, 2 ‘comp air 8’ and ‘comp air’ 10 aircrafts, 3 EXEC162F helicopters, also ‘EXEC162F’ aircraft and 10 units of assembly helicopter kits for the same model, located and stored at the base of the Ministry of Defense of Georgia, was returned to the representative of FLY ADJARA LLC – Nodar Kakabadze and representative of Aviatori LLC – Jumber Diasamidze.