Representatives of the Anti-Corruption Prosecutor’s Office (PA) came on Friday, February 16, with clarifications in connection with the “Bank Fraud” case, in which former fugitive MP Ilan Shor, sentenced by the Chisinau Court of Appeal to 15 years in prison, is targeted.

Representatives of the PA claim that since the second half of 2023, the institution has received several requests from Matei Dohotaru, a former employee of the National Bank of Moldova, who is a witness in the criminal case “Bank Fraud” pending at the Anti-Corruption Prosecutor’s Office, including in criminal cases that are separated from it and sent to court.

“These include the case against Ilan Shor for committing the offences referred to in Article 190(2)(d) and (5) and Article 243(3)(b) of the Criminal Code, in which, by decision of the Chisinau Court of Appeal of 13. 04.2023, Ilan Șor was definitively sentenced to 15 years imprisonment, with the execution of the sentence in a closed penitentiary, with the deprivation of the right to hold positions in the banking system for a period of 5 years. The civil action was also upheld and it was decided to recover from Ilan Shor, for the benefit of the Savings Bank SA in the process of liquidation, the material damage amounting to more than 5.2 billion lei.

In his claims, Mr Dohotaru argued that by judgment of the US District Court for the District of Columbia, he was obliged to give statements to Ilan Shor’s lawyers in the context of his statements in the criminal case “Bank Fraud”. The US court ordered Mr Dohotaru to be heard by lawyers on behalf of Ilan Shor, which he did, during which Mr Dohotaru recounted known circumstances relating to the “Bank Fraud” and reiterated his position set out in the criminal proceedings. Subsequently, the civil suit was dismissed by the U.S. District Court for the District of Columbia on January 25, 2024,” the release said.

According to the AP, Dohotaru was heard in the trial court in the presence of the defense and the defendant. His statements were also confirmed by another witness heard in the appeals court.

“We would like to point out that the procedure of hearing a person (who has the status of a witness in a criminal case at the stage of criminal proceedings) in a civil case by the defence party on behalf of a defendant is not inherent to the criminal proceedings of the Republic of Moldova.

We reiterate that the actions of Ilan Shor’s lawyers outside Moldova cannot influence the conduct of domestic proceedings. We consider that the manipulations exposed in the media by persons acting in the interest of Ilan Shor are to mislead public opinion.

The case is currently before the Supreme Court of Justice, which is due to decide on the appeals lodged by the defence on behalf of Ilan Shor. We emphasize that in the order of appeal, the Supreme Court of Justice does not hear witnesses or other participants in the trial, and the examination in this case takes place without the physical presence of the defence or the prosecution,” the Prosecutor’s Office said.

On 13 February 2024, the Supreme Court of Justice panel accepted a request by the defence to raise the exception of unconstitutionality of Article 432(2)(4) (merits of the appeal) of the Code of Criminal Procedure in accordance with Articles 20 and 54 of the Constitution of the Republic of Moldova. However, the Supreme Court of Justice rejected the request of Shor’s lawyers to suspend the trial.

The next hearing has been set for 03 April 2024 at 10:00. The hearing will take place in the absence of the parties.