Accusation without Proof has become a Malpractice: Advocate

The court trial on the episode of 1 million USD embezzlement from “Armbusinessbank” which was separated from the main case is coming to end. The defense speeches were continued at today’s court session.

Edward Aghajanyan, the defender of accused Gohar Gabrielyan in his defense speech said that his client was characterized positively, has no previous convictions, is divorced and has a 6-year-old child. She also has confessed, repented and supported the disclosure of the crime. According to the defense the prosecution has solicited to apply a 5.5 years in prison without considering these circumstances.

Edward Aghajanyan also attached an interesting estimation to his defense speech. He said that 6020 AMD is allocated on daily basis for each woman prisoner, and in case of 5.5 years in prison over 12 million AMD should be allocated for this purpose from the state budget. In addition her child will suffer. The public will also suffer losses as they pay taxes from their own pocket.

The defender solicited to appoint punishment of 4 years in prison and to apply Article 70 of the Criminal Code, conditional punishment, because it is possible to correct her without isolation from society.

Gohar Gabrielyan is accused for embezzlement of especially large amount using the computer technique in the period of 13 September 2012 through 3 May 2013 from the customer’s service department of “Armbusinessbank” CJSC, with prior agreement with Edita (employee of that department) and the latter’s husband Tigran Hovhannisyan and theft 73,169,992 AMD equivalent to 119,900 USD and 23,923,795 AMD.

Mnatsakan Sargsyan’s defender Liana Grigoryan also made a defense speech. She said that Mnatsakan did not accept guilt in this case as there is no such evidence against him. He approached the bank branch only on Tigran’s request, and took money from Edita. He had repeatedly asked Tigran whether there is anything dangerous, but received the response received, that those were transfers from abroad.

As for the fact of illegally obtained, keep, and then illegally sold weapons and ammunition, Liana Grigoryan said that the charge was based only on the testimony of Gohar Gabrielyan. The latter had said in the court that actually the testimony was fabricated by the preliminary investigation body. “Accusation without proof has become a malpractice,” Liana Grigoryan said and added that Mnatsakan has already been punished for his action staying in prison for 2.5 years.
She solicited to acquit her client and if the court shall find that the accusation is grounded to apply a mild punishment considering the positive characteristics and absence previous convictions, and also the fact that he has elderly parents and a child under his care and eventually to apply Article 70 of the Criminal Code, conditional punishment.

The defendant Marlen Muradyan also made a defense speech. He said in his speech that he regretted the incident, he did not pursue a profit and does not receive any benefit from it. He is characterized positively, has a 1.5-year-old child in his care, and asked her to apply amnesty assigning punishment.

Marlene Muradyan also presented the document from the bank, which proves that he had paid back the whole amount claimed in his civil lawsuit by the bank and that the bank had no further claims against him.

The advocates of the other defendants asked to leave the civil lawsuit without consideration to consider it’s later in the scope of the civil case.

As in previous sessions, the accused Tigran Hovhannisyan refused to attend the trial, although he was brought to court from prison. The Court provided time to his defender Liana Grigoryan to meet and to talk with him and to learn whether he wanted to be present and hold a defense speech and last plea. The defender informed that Tigran Hovhannisyan refused to come to the court room.

Then the court heard the last pleas of the defendants. Edita and Gohar Gabrielyan was asked to be mild towards them. Marlen and Mnatsakanyan said nothing. Defendant Vahe Stepanyan will say his last plea at the next court session. The court will leave to the Judge’s Chambers to take a verdict.

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