A Daryo correspondent encountered an obstacle while covering the criminal case related to fraud, which was planned to be considered by the Court of Appeal on Criminal Cases in the Tashkent city court. Even though there was an open court session, the court panel blocked the media's activities by ruling out the views of the parties. It also restricted the journalists to take photo and video materials, and as well as audio recordings. In response to this, lawyer Temur Rahmatov, who is acting as a defense attorney for one of the parties in this case, gave a “recusal" to the jury. Dayo Correspondent, who witnessed this process, reports about the incident.
Based on the judgment of the Sergeli District Court on Criminal Cases dated May 3, 2023, the defendant T.O was found guilty under Article 168, Section 4, Subsection "a" of the Criminal Code (committing a large-scale fraudulent offense) and was sentenced to 9 years of imprisonment.
After this incident, Temur Rahmatov, doubting the justice of the judges, expressed his displeasure with the consideration of this case by the panel of the court, and therefore rejected them.
In addition to the defendant's guilt, the lawyer added to his motion that convicted N.J. colluded with the victim T.H. added that he was found guilty of fraudulently obtaining $145,000 in trust, convicted N.J. had been sentenced as "guilty" in the case of a criminal offense in the Yunusabad district court on February 23, 2023.
The sentence was considered by the criminal appeal panel of the Tashkent city court with the participation of Judge F. Torakho'zhayev. He mentioned that he participated in this matter as a chairman, which is why he provided a "recusal" to both judges.
"You found the convict N.J. guilty of fraudulently obtaining exactly $145,000. We know your conclusion on this. For this reason, my defense T.O. "I doubt that you will be fair in this case, given that there is a version of the accusation that he fraudulently obtained $145,000 from another person," said the lawyer, speaking about rejecting the composition of the judiciary.
The motion submitted to the jury was also rejected.
Judge Torakhojayev's explanation of the rejection of the petition states that he and one of his partners participated in the court case and gave an opinion on the matter mentioned by the lawyer. However, the lawyer's motion to dismiss the entire panel is denied because the third judge on said panel did not participate in the case the lawyer referred to. The court adjourned until further notice.
"Daryo" continues to submit appeals to the judicial panel regarding photo, video, and audio materials from the trial, where a change in the composition of the judges is expected.
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