Although the stage of questioning the victims as set forth in the indictment did not proceed—none of the individuals who remained to be questioned appeared—the defense achieved significant results.
The court considered the prosecutor’s motion to extend the conditions imposed on Chervinsky as part of his bail. The court partially granted the motion and denied the request to extend the requirement to surrender his passport for travel abroad. We hope that the defense’s position was also taken into account in this decision.
A key achievement was the granting of the defense’s motion for access to mobile phone call records from telecommunications providers—so-called “traffic data.”
“Information that was withheld by the prosecution during the pretrial investigation can now be obtained by the defense independently based on the court’s decision.”
This data is important in order to:
• prove that the operation was carried out “as part of a group with the participation and initiative of the SBU, and not independently,” as the prosecution claims;
• refute the testimony of witnesses who suddenly “forgot” about Chervinsky and their meetings with him.
“The adoption of such a ruling sets a precedent of sorts for future motions by the defense aimed at obtaining evidence concealed by the prosecution.”
Author: Andriy Yosipov, Attorney and Partner at Barristers
Source: Barristers Facebook