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The decision in the Viorel Morari Case 1. The whole of the team accusers (Prosecutors), formed illegally

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The Chisinau court annulled the provision signed on February 10, 2019 by Ruslan Popov, regarding the formation of a team of prosecutors to representing the accusation in the first accusation filed on behalf of the suspended head of the Anticorruption Prosecutor’s Office, Viorel Morari, writes Anticoruptie.md.  

According to the conclusion of the Chisinau Court, two of the four prosecutors, Tatiana Prepelița and Natalia Delibatova, have no powers to represent the accusation in court in the case of Viorel Morari. At the same time, the court found that the other two prosecutors, Vladislav Căruceru and Elena Ceruța, who worked on the file at the criminal investigation stage, are entitled to represent the accusation in court. The request regarding the illegality of the formation of the prosecutors team was filed by Vasile Foltea, Viorel Morari’s lawyer. The defender referred to Article 8 of the Law on the Prosecutor’s Office, which stipulates that the Prosecutor General’s Office conducts and exercises criminal investigation and represents the prosecution in cases of importance at the decision of the Prosecutor General. So, in the Morari case, the participation of the four prosecutors was to be exclusively decided by the Prosecutor General. The defense also claimed that the provision signed by Popov has no registration number.

In addition to the annulled order signed by Ruslan Popov, the defense also demanded the prosecution of the four prosecutors. However, this request was rejected by the court on the grounds that “the lack of powers under the Code of Procedure does not constitute grounds for criminally investigating the prosecutors”. The conclusion of the Chisinau Court is appealable in the hierarchically superior court. At the same time, the court could accept the prosecution if it is formed by a provision signed by the Prosecutor General, Alexandr Stoianoglo. The next court hearing was scheduled for April 8.

We remind our readers that Viorel Morari is accused of abuse of office, false in public acts and interference in the execution of justice. According to a press release of the General Prosecutor’s Office, Morari is accused that, in March 2017, he would have received from Vladimir Plahotniuc a complaint which he “registered against the legal requirements, starting a investigation and, subsequently, the criminal investigation, falsifying several procedural documents in the criminal case. All these actions were done in the personal interests, as well as in the interest of the petitioner and of others in his entourage, to protect them from being involved as suspects in the criminal case regarding the bank fraud and to obstruct the rapid, complete and objective investigation of this criminal cases”.

Shortly, another criminal case was initiated, for illicit enrichment and money laundering, claiming that he would be the true owner of his brother’s business. On the other hand, Morari pleads innocent and claims that the files were manufactured at the command of President Igor Dodon, who is avenging himself because he has reopened the file of the Socialist Party funding.

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