2024-04-06 10:22:34
The names of the judges are mentioned in the testimony about the possible agreements for favorable decisions in the cases
Vilnius City District Court in 2020 March 20 by the ruling, which ELTA got acquainted with, decided to comply with the request of the prosecutors and approved the ruling to terminate the pre-trial investigation against the former lawyer Drąsutis Zagreckos. The ruling states that this person cooperated with law enforcement, helped to solve “criminal acts committed by organized groups”. The document records D. Zagreckos’ stories about meetings with judges and other persons. It is stated that during the meetings, bribes were discussed in order to make favorable decisions in the cases of D. Zagreckos’s defendants.
The court ruling also mentions two judges of the Court of Appeal, namely L. Šiukšta and A. Bielskis (retired in December 2023), who passed a guilty verdict in the so-called “MG Baltic” political corruption case last November.
“In 2013 (…) during the meetings held in the premises of the Lithuanian Court of Appeal, (…), D. Zagrecs, acting in the interests of the convicted (…), directly agreed and gave to the civil servant – the chairman of the Criminal Cases Department of the Lithuanian Court of Appeal (…), and he directly agreed to accept and accepted a bribe of 2,000 euros for illegal activity in the exercise of his powers, that is, for the fact that, as the chairman of the Criminal Cases Division of the Lithuanian Court of Appeal, he would appoint Linas Šiukšta, judge of the Criminal Cases Division of the Lithuanian Court of Appeals, as the rapporteur of the panel of judges in a criminal case (…), the document states .
Judge A. Bielskis of the Court of Appeal is also mentioned in the court order, who was the chairman of the panel of judges that examined the “MG Baltic” case.
“In 2013-2014, during (…) a meeting held at the premises of the Lithuanian Court of Appeal, (…), D. Zagreckas, in fulfillment of the agreement (…), directly offered and agreed to give a civil servant – judge of the Criminal Cases Division of the Lithuanian Court of Appeal, Albinas Bielskis, and A . Bielskis directly agreed to accept a bribe worth more than 250 MGL – 10,000 euros – for illegal actions in the exercise of his powers, that is, that A. Bielskis in the panel of judges together with judges (…), examining (…) an appeal in a criminal case (…) regarding the verdict of the Panevėžys district court (…), by which AZ was acquitted, (…) will leave the decision of the court of first instance,” the document states.
During the appeals court’s examination of the “MG Baltic” political corruption case, in 2022 An attempt was made to remove A. Bielski from the trial. Giedrius Danėlius, the lawyer of Raimonds Kurlianskis, the then former vice president of MG Baltic, announced that he had knowledge that the judge had been questioned as a special witness in the so-called corruption case of judges. However, A. Bielski was not suspended.
The status of special witness is granted to a person when he is questioned about his actions, but there is not enough reason to raise suspicions.
The so-called judicial corruption scandal arose in 2019, when law enforcement announced that they were conducting an investigation into possible agreements between judges and lawyers to influence decision-making in certain cases. At that time, it was reported that bribes were promised and paid for the judges’ favorable decisions, their amounts ranging from 1 to 100 thousand. euros, and the total amount of bribes can reach 400 thousand. euros. Currently, the so-called corruption case of judges is being examined in the Kaunas District Court, in which charges have been brought against former judges of various ranks who lost their positions at the beginning of the scandal.
LAT promises to raise the question of the vulnerability of the judges mentioned in the scandal
Former Liberal Movement leader E. Masiulis and Seimas member V. Gapšys, who were convicted in the so-called “MG Baltic” political corruption case and are currently serving a prison sentence in Kaunas prison, told Eltai that with the ruling of the Vilnius City District Court, which mentions judges A. Bielskis and L .
The convicts claim that, looking at the above-mentioned court order, it is obvious that judges L. Šiukšta and A. Bielskis figured in the corruption scandal of judges. This circumstance, E. Masiulio, allows us to doubt the impartiality of the judges who made the indictment decision in the “MG Baltic” case.
“The main argument is that in this panel of judges – this has already happened, I don’t know if everything can be written off as coincidence – even two of the three judges, that is the president of the panel A. Bielskis, who, by the way, retired the day after the verdict was announced, and L. Šiukšta figured in another case, that is the famous case of corruption of judges”, E. Masiulis told Eltai in Kaunas prison.
“If we want to achieve and execute justice in the MG Baltic political corruption case, why do we need to appoint such judges and create certain assumptions for all kinds of suspicions?”, the convict asked.
E. Masiulis drew attention to the fact that Jurijs Skuder, an officer of the Special Investigation Service (STT), was one of the coordinators of procedural investigation actions in both the corruption of judges and the “MG Baltic” case.
“D. Zagreckas was released from criminal liability by the decision of the Vilnius city district, and the Special Investigation Service together with the prosecutors carried out certain further actions. In the case of Judge A. Bielski, he was summoned to the STT to the officer Jurijs Skuder, A. Bielski was granted the status of a special witness, and he was interrogated. After that questioning, the prosecutor in charge of the case was approached, asking to cancel A. Bielski’s status as a special witness, leaving him as an ordinary witness,” E. Masiulis said.
According to him, A. Bielski’s appearance in the corruption case of judges raises doubts about the judge’s vulnerability and ability to impartially make a decision in the “MG Baltic” case. E. Masiulis did not hide that in this situation, knowing that no criminal case was filed against the said judge, no suspicions were brought against him, there may be considerations about certain agreements with the law enforcement, which sought a guilty verdict in the “MG Baltic” case.
“It could be that at that time (when investigating the corruption case of judges – ELTA) he (A. Bielski – ELTA) was not given any specific conditions.” “You just feel in debt and we’ll use you in some situation we need.” (…)
Anyway, the question is whether a person’s subconscious – I’m talking about A. Bielski – has not been affected after all those stories, can he objectively distance himself from the decision towards us? Let’s say there are no requests from the prosecutors, but can a person really objectively evaluate everything and make a decision in the subconscious? Doesn’t a person think that “if I acquit those people in court, maybe the STT can raise questions for me again?”, E. Masiulis shared his thoughts.
He said that the failure of judge A. Bielskis to recuse himself during the hearing of the “MG Baltic” case at the Court of Appeal may suggest that the defendants’ right to an impartial trial was violated in the said case. E. Masiulis claimed that he will use this argument in the Supreme Court of Lithuania (LAT), which is going to start examining the MG Baltic political corruption case next week.
V. Gapšys, convicted in the “MG Baltic” case, promises similar arguments in the cassation court. In his opinion, both judge L. Šiukšta and A. Bielskis, who are mentioned in the context of the corruption case of judges, should have been removed from the hearing of the “MG Baltic” case.
“These two judges work in this context, the investigator is the same in that case and in our case. The head of STT (Žydrūnas Bartkus – ELTA) stated even before the verdict of the court of first instance (in the MG Baltic case – ELTA) that the question here is not about whether they should be sentenced or not, but about how severely they should be sentenced .
This judge (A. Bielski – ELTA) does not start a pre-trial investigation, not even a disciplinary case. He knows that his status as a special witness can be changed to that of a suspect. And the judge examines our case, where the STT clearly shows its interest in solving the case not by any means, but by imposing the most severe punishments. A. Bielski’s removal was requested and the panel of judges did not remove him. Did such a panel have jurisdiction to hear this case? Such questions will certainly be raised,” V. Gapšys told Eltai in Kaunas prison.
According to the convicted person, the judge who was previously interviewed as a special witness by the STT cannot be impartial in the case in which people were charged based on the data collected by the said service.
“The judge could not impartially examine that case (MG Baltic” – ELTA) because she felt a guillotine above her. When you feel the guillotine, you want to grab your head,” explained V. Gapšys.
“I think this alone should be enough for the court of cassation to overturn the judgment of the Court of Appeal and at least return the case to the court of appeal anew,” the convict added.
The judge admitted that he had been questioned, but denied possible collusion
in 2022 in September, A. Bielskis, the judge of the Court of Appeals who examined the so-called “MG Baltic” political corruption case, publicly admitted that he had been questioned by STT as a special witness in the case of judicial corruption.
“I was questioned as a special witness in the so-called judicial corruption case, in this status, I think, unreasonably and hastily. The answers given to me later confirm this,” said A. Bielskis after the court decided not to remove him from the MG Baltic case.
The judge denied considering his possible deals with law enforcement.
“I have not entered into any transactions with the representatives of the Special Investigation Service or with the lawyers, I have no interest in examining the case biasedly, I have no reason to withdraw from this case,” stated A. Bielskis.
ELTA reminds that on November 22 of last year, the Court of Appeal found guilty of all persons previously acquitted in the “MG Baltic” political corruption case. The court found Raimondas Kurlianskis, the former vice president of the concern “MG Baltic” (now “MG Grupė”), and E. Masiulis, the former leader of the Liberal Movement, guilty of corruption crimes, and they were respectively sentenced to 6 and a half years in prison.
The court sentenced the representative of the Labor Party, member of the Seimas, V. Gapšius, to 4 and a half years of imprisonment, and ex-parliamentarians Šarūnas Gustainiis and Gintarus Steponavičius were fined by the court’s decision.
The court also found the previously acquitted legal entities guilty of criminal acts in the case – MG Group, Liberal Movement and the Labor Party. Financial fines are imposed on legal entities.
Next week, on April 10, LAT is going to start examining the cassation appeals received in this case, of which there are 12 in total. Many of the convicts in the case are seeking acquittal.
2024-04-06 10:22:34