Uladzimir Niapomniashchykh still struggles for proper acquittal
On 15 February Aliaksandr Suzhayeu, Judge of the Homel Regional Court,
considered the appeal of activist of the United Civil Party and Movement “For
Freedom!” Uladzimir Niapomniashchykh against the ruling of the Tsentralny
District court of Homel which upheld the dropping of his case because of the
impossibility to prove his guilt.
The matter is that on 7 October 2011, the day before the People's Assembly, Uladzimir Niapomniashchykh was detained for posting leaflets with invitation to the assembly. He was charged with using obscene language in public (Article 17.1 of the Code of Administrative Offenses). However, the police witnesses who attended the trial refused to confirm the words of their colleague Valery Amelchanka, who gave discrepant testimonies. As a result, on 11 December the Tsentralny District Court of Homel ruled that the case was to be dropped because of the impossibility to prove the defendant's guilt. Most probably, it was the first trial in Homel when a political activist was acquitted on such charges.
Uladzimir Niapomniashchykh disagrees with such a wording, insisting that the case must be dropped because of the absence of corpus delicti in his action. During the hearing which took place at the Homel Regional Court on 15 February Judge Suzhayeu stated that he had no powers to change the wording of court rulings and could either uphold the previous verdict or return the case for review. He also added that the defendant was considered innocent irrespective of the wording.
However, Mr. Niapomniashchykh is sure that it will make a great difference if he decides to sue the policeman for giving a false testimony. That's why he intends to file another appeal with the head of the regional court in order to get his case reviewed.