An investigation 17 years ago, made by investigații.md, and which targeted Boris Lupașcu (voted today by the Parliament as a judge at the CC), links his name to accusations of trade of Influence, intimidation of an investigation and protectionism. Specifically, during 2003, he, together with a former communist deputy, allegedly put pressure on the criminal investigation bodies in three cases regarding the illegal cutting of trees and the fraudulent sale of large quantities of wood, SafeNews.md reports with reference to agora.md.
According to investigații.md, Lupașcu allegedly intervened to transfer the criminal files from Hîncești to another Prosecutor’s Office and offered consultations to those who called for his help, although this is prohibited by law to offer consultations to accused persons.
The investigation was published in 2004 and as a result of which Lupașcu lost his position as prosecutor at the Chisinau Prosecutor’s Office.
In October 2003, the API Investigation Department was notified that the Chisinau prosecutor and the communist deputy Mihai Andronic are putting pressure on the criminal investigation bodies in three cases regarding the illegal felling of the forest and the fraudulent sale of large quantities of wood. The case involveved high ranking people from the Hânceşti-Silva State Enterprise and the Oneşti Forest District. It all started after the law enforcement bodies from Hânceşti started the criminal investigation in the three cases. During the investigation, the head of Hânceşti-Silva Enterprise was investigated for receiving part of the money obtained by the foresters following the sale of the timber.
A phone call and you get away with it
Feeling that he could end up behind bars and that he would not be able to cover up the case in Hincesti, the director of Hincesti-Silva would have asked for help from an older friend, Mihai Andronic, at that time a deputy from the Communist Party. As a result, Andronic contacts the Chisinau prosecutor, Boris Lupaşcu, whom he asks to intervene in order to transfer the criminal files to another prosecutor’s office. After Andronic obtained Lupaşcu’s approval to get involved in solving the given case, the latter was contacted directly by the head of Hîncești-Silva, with whom he developed the action plan.
Thus, according to the investigation at that time, the prosecutor would have advised him to request the transfer of criminal cases from Hânceşti to General Prosecution office and to motivate that the criminal investigation is being carried out biased in Hânceşti. This is despite the fact that, according to the law, the prosecutor does not have the right to give “written or verbal consultations in litigious matters, except for the causes of parents, wife or children”. Lupaşcu also allegedly told him to write in the request that the Hînceşti prosecutor is biased in the investigation of the case because he received money and took firewood and construction wood from the head of the Oneşti Forest District. Lupaşcu also instructed his “client” to write in the application that the Hînceşti prosecutor cannot be objective and because he is under the direct pressure of the district president, Lidia Lupu. This conversation, as well as several others between Iamboglo and Lupaşcu and the communist deputy Andronic, were officially recorded during the investigation.
Files at the General Prosecutor’s Office
Subsequently, the request for relocation of the files would have been presented personally by Lupaşcu to the then general prosecutor Vasile Rusu, convincing him to solve the request positively. This becomes certain on October 23, when Lupaşcu calls Iamboglo, telling him about his conversation with Vasile Rusu and assuring him that the problem of transferring criminal cases will be resolved positively. At the same time, he asks Iamboglo to obtain information from the Hânceşti Prosecutor’s Office about criminal cases, to follow their further movement and to inform him about all this. Lupaşco also advises him not to testify before the law enforcement agencies in Hincesti.
Subsequently, the General Prosecutor’s Office carried out a service control after the prosecutor Vasile Pascari submitted a report on the attempt of some persons with positions of responsibility to influence the criminal investigation. During the control, many of what was written by investigatii.md were confirmed.
Iamboglo confirmed that the prosecutor of Chisinau, Boris Lupaşcu, advised him how to proceed to transfer the files and what to write in the approach to PG. In turn, the municipal prosecutor confirmed that he helped Iamboglo, at the request of the communist deputy Andronic, and that the deputy sent him the request to transfer the files, asking him to personally give it to the general prosecutor.
There are no punishments for “upstarts”
Surprisingly, however, although evidence was obtained that Andronic and Lupaşcu tried to influence influence in favor of a person under criminal investigation and that Attorney General Vasile Rusu came to terms with them, no one was held accountable, although the law provides penalties for influence peddling, intimidation of the investigation and protectionism.
Terror at the municipal prosecutor’s office
Lupaşcu commented then that none of those obtained during the investigation is true. When he found out that the journalists knew about the control carried out by the General Prosecutor’s Office, the prosecutor changed the switch, telling them that “he has to talk”. Soon, within the municipal prosecutor’s office, the terror started, in order to discover the people who let the information about the “business” of the municipal prosecutor leak. A group of prosecutors did not tolerate the pressure on them and addressed a letter to President Vladimir Voronin, asking them to intervene to stop prosecutions of Lupaşcu.
After the publication of the investigation, Boris Lupașcu was suspended from office by the general prosecutor, Valeriu Balabanm, who ordered the initiation of a service control. We were unable to find out what was the continuity of the story and what ended the service investigation.
Boris Lupaşco was appointed prosecutor of Chisinau in October 2002. He succeeded Petru Bobu, who was dismissed following a service check by the General Prosecutor’s Office in connection with the abduction of the deputy director of the Information Technology Department.
On Friday, April 23, 2021, the parliamentary majority with the vote of 56 deputies appointed Lupașcu as a judge at the Constitutional Court. This is after the same majority abrogated the Decision of the Parliament of 2019 regarding the appointment of Miss Manole in the same position. It should be mentioned that according to the Constitution, the mandate of the judges of the Constitutional Court is immovable. Shortly afterwards, the decisions were challenged at the CC by the deputy of the Action and Solidarity Party Sergiu Litvinenco.
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