The Chisinau Court of Appeal has overturned in full the decision of the Chisinau Court of Appeals, Riscani Branch, of 18 April 2022, on the annulment of the order of the suspended Prosecutor General Alexandr Stoianoglo by which the former head of the Anti-Corruption Prosecutor’s Office (PA), Viorel Morari, was dismissed from the prosecution system.

Thus, the court issued a new decision dismissing as unfounded the action brought by Viorel Morari against the Prosecutor General’s Office of Moldova and the Superior Council of Prosecutors concerning the appeal against the administrative act of termination of his employment.

The decision was taken on Wednesday 19 April by a panel of judges Anatolie Minciună, Ecaterina Palanciuc and Veronica Negru.

The decision is enforceable from the moment it is issued, but with a right of appeal to the Supreme Court of Justice.

Since February 2020, the criminal case in which Morari is accused of interference in the course of justice and criminal prosecution has been on the table of the magistrates of the Chisinau Court, with the next hearing to be held on 27 April.

The Chisinau Court, Riscani Branch, annulled on 18 April 2022 the order of the suspended Prosecutor General Alexandr Stoianoglo of 12 August 2021 by which the former head of the PA, Viorel Morari, was dismissed from the prosecution system. A ruling to this effect was issued at the time by magistrate Vitalie Ciumac of the Chisinau Court of Appeals, Riscani branch.

ZdG previously wrote that the Prosecutor General’s Office (PG) said that the prosecutor had appealed the decision of the first court to the Chisinau Court of Appeal (CA).

“On April 27, the prosecutors challenged the first court’s decision. The decision is not yet final. When we will have a final decision then we will decide on the return to the system,” said Mariana Cherpec.

In its ruling, the first court described the decision on “termination of the employment relationship with Morari” as illegal.

“In accordance with the provisions of art.224-225 of the Administrative Code, the court, the action in administrative dispute filed by Viorel Morari is admitted. The order of the Prosecutor General no. 1294-p of 12 August 2021 on the termination of the service relationship is annulled as unlawful. The decision may be appealed to the Chisinau Court of Appeal within 30 days from the pronouncement of the decision, through the Chisinau Court of Appeals (Riscani seat)”, reads the decision issued on 18 April by magistrate Vitalie Ciumac of the Chisinau Court of Appeals, Riscani seat.

Asked by reporters of Anticorupție.md portal, Viorel Morari said that in April 2022 “it is premature to talk about his return to the system”.

“The decision is not final and can be challenged. I cannot contest it, but I want it to be done, to go through all the stages so that there is no room for interpretation,” Morari told anticoruptie.md.

In 2021, the PG announced that by order of Prosecutor General Alexandr Stoianoglo, the suspension from office and, respectively, the termination of service relations with the former chief prosecutor of the Anti-Corruption Prosecutor’s Office (PA), Viorel Morari, was suspended. Read more here

On 23 January 2020, Viorel Morari was suspended from his position as Chief Prosecutor of the Anti-Corruption Prosecution Office. At that time, at the request of the Prosecutor General, the PSC admitted the request for the suspension of Viorel Morari from the position of Chief Prosecutor at the Anti-Corruption Prosecutor’s Office.

On 26 December 2019, the Prosecutor General Alexandr Stoianoglo, on the basis of 2 acts of referral registered at the PG, initiated the prosecution for abuse of office and forgery of public documents, Viorel Morari being suspected of committing these acts.

According to information previously provided by the Prosecutor General’s Office, Viorel Morari is accused of having received a complaint from Vladimir Plahotniuc, which he registered contrary to the law, on the basis of which he initiated a criminal case and falsified a number of procedural documents.

Ziarul de Gardă also wrote that the “Vento” case, in which the suspended head of the Anticorruption Prosecutor’s Office (PA) Viorel Morari and his subordinate Roman Statniy were targeted, has been closed. An order to this effect was signed on 2 March 2022 by the prosecutor of the case, Vitalie Costișanu, from the Prosecutor’s Office for Combating Organised Crime and Special Cases (PCCOCS).