At the moment, on the agenda of the Courts of the Republic of Moldova are the names of five judges who are accused of corruption or abuse of power. There are a few other cases still on prosecutors’ desks that may (or may not) get to the Court in the future.

The first case involving the magistrates date back to early 2012. Back then, in February, the criminal case on behalf of Andrei Istrati, judge at Râşcani Court, was sent to the Court as he was accused, in 2009, of issuing a decision that passed the company shares of “Moldasig” to the ownership of a Ukrainian citizen. The examination of the case had serious deviations from the law.

“Raider Judges” Still in Trial

The magistrate’s criminal case was examined at Edinet Court, by a panel of three judges: Nina Bănărescu, Eugeniu Pşeniţa and Maria Iftodi. On April 18, 2013, the three judges decided to discontinue the proceedings. “The charges brought against defendant Andrei Istrati at the Court were not confirmed. Conclusions about culpability cannot be based on assumptions”, said the judges. Since June, when ZdG was reporting about this case, and so far at the Balti Court of Appeals where the case is being examined on the prosecutors’ appeal, there was not one meeting that was finalized.

For more than half a year in the case of Nicolae Nogai, the suspended judge from Bender Court of Appeals, nothing happened. Back then, Nogai, accused of issuing a ruling that legalised, in the summer of 2011, illegal alienation of nearly 28% of “Moldova Agroindbank” shares through offshore companies, asked for an expert report. “He says he did not sign the court order and the execution title, which was transmitted for execution and led to the implementation of that decision,” says Victor Muntean, anti-corruption prosecutor. Since then, both sides are awaiting the outcome of examinations, which, fail to appear.

The Battle between Lawyer and Prosecutor

This autumn, after being named the head of the Anti-Corruption Prosecutor of Eduard Harunjen, prosecutors opened another three criminal cases on behalf of some judges, all of them being passed, in record time, to trial. The first trial – Gheorghe Popa, suspended judge from Telenesti Court, was caught red-handed, on the 11th of October, while receiving 200 USD as a bribe. In this case, the parties have already met three times, the last time being on Tuesday, December 24.

A few days earlier, Vasile Nicoară, lawyer of Gheorghe Popa, presented to Judge Victor Boico, from Buiucani Court, a petition requesting the right to a defense for his client. Nicoară said in Court that the criminal case on behalf of Gheorghe Popa started with him claiming unfair advantages, while in the act of accusation only receiving the money was talked about, without him asking for it.

While his lawyer was arguing his request, Octavian Iachimovschi, anti-corruption prosecutor who represents the prosecution in this case, tried to interrupt him saying that the judge’s lawyer is involved in the case examination. Boico, however, dismissed the prosecutor’s claims.

Judge and Diesel Vouchers

The next criminal case on behalf of a judge was sent to the Court in the name of Dorin Covali, judge at Căuşeni Court. He has been accused by prosecutors of receiving 500 lei and many diesel and petrol vouchers to put an end to the contravention processes under his management. In this case, the Court will fight the same “couple” as in the case of the judge from Telenesti. In the Covali case, the prosecutor is Octavian Iachimovschi, and the judge is defended by Vasile Nicoară.

“Dorin Covali pled not guilty. He did not claim, accepted nor received those goods. He did not use the oil vouchers invoked in the case file. There is no evidence that proves Dorin Covali committed the crime. We hope that an objective and legal solution will be adopted”, Vasile Nicoară, the magistrate’s lawyer, told us. Attorney Octavian Iachimovschi has, however, another opinion. “The criminal case began with influenced trading committed by a specialist from the Court. During the investigation, it was determined that, in fact, Judge Covali was using those tickets. There is video evidence from gas stations where the judge was using those tickets. The transmission of the tickets was under control. The criminal prosecution body knew which series were on those tickets and could identify them. Subsequently, it was determined, by comparison, that namely those tickets were used by the judge”, says Iachimovschi. An initial hearing on this case will take place in the coming days.

The Roibu Case and the Fears of the Denouncing Families

On the 27th of November, the Court reached the file of Elena Roibu from Criuleni Court and Lawyer Tatiana Mostovoi-Filimancov, with whom the judge would have worked. Interestingly, Roibu is officially under house arrest, but people from Boscana village, where she resides, told us that the magistrate was seen on several occasions, in the village. Roibu refused to talk to ZdG when we were in Boscana. She is accused of receiving 1,050 euros of the 2,000 euros extorted by Attorney Tatiana Mostovoi-Filimancov from the Chetruşca and Pogreban families that she was representing. All of this was for Adrian Chetrușca and Vasile Pogreban to be acquitted in a criminal case initiated for personal injury. It is to be noted that the lawyer, Mostovoi-Filimancov, is still working, although she is also being judged.

ZdG talked to the families that have turned to the National Anti-Corruption Center (CNA) after the lawyer asked for 2000 euros, and above we have published some of their revelations. More evidence will be made public in the TV show, Guard Reporter, which will broadcast on Moldova 1 on Thursday, December 26, starting at 22.20. In subsequent editions, ZdG will return to this subject. Note that only the cases of the two young men, Adrian and Vasile, will be examined further at Criuleni Court, after the magistrates at the Supreme Court rejected the application for resettlement submitted by the new lawyer of the families Chetrușca and Pogreban. Now, they fear they will not get an objective examination of the case because they say that Elena Roibu’s colleagues might retaliate by issuing a judgment of conviction for the two young men.

Victor MOȘNEAG