Gheorghe Popa, first judge caught red-handed with bribe, is also the first magistrate convicted of corruption, in this millennium, in Moldova. “Here, you can expect anything”, he exclaimed, after hearing the sentence, Gheorghe Popa, saying that “hope dies last”. “In this case it was a situation where could have been a conviction or an acquittal. The issues that those with millions are not punished, but the one with $ 200 is, yes, it bothers me as well a lot, but …. I’m not a moron and I realize that in front of me stood a colleague”, said for ZdG Victor Boico, judge of Buiucani District Court, who issued the sentence.

On Tuesday, April 8^th, 2014, Gheorghe Popa arrived calm to Buiucani Court, where the sentence was to be pronounced in his case, initiated in October 2013, when he was caught red-handed with 200 USD. “99.99% we are sure he will be acquitted. Nothing else can be”, was saying one of magistrate’s brothers, who attended, as well as the other two brothers, all hearings. Gheorghe Popa also seemed optimistic. Few meters from the office of judge Victor Boico, who was to decide his fate, approached by journalists, he was making jokes and seemed relaxed, claiming he is innocent and was the victim of a provocation, staged by the National Anti-Corruption (NAC).

Conviction, known in advance?

At 13:30, everyone was ready. ZdG was the only media institution that has attended all court hearings on the case Popa, reporting the progress of the trial in 8 articles. But to the sentencing came several representatives, including several TV stations. Moreover, some televisions were promoting the day before Tuesday’s meeting. From talking to other journalists became clear that the media has come because Gheorghe Popa would be convicted. So they were saying, in discussions with various journalists, sources from the judiciary, before sentencing. But the escort was not at the cabinet door of Judge Victor Boico, a sign for those initiated that the defendant has no way to be handcuffed.

At 13.30, the clerk of Boico announces the parties that the judge is still in deliberation. After five minutes, the parties are called into the room. Gheorghe Popa seems relaxed. But, the words of Victor Boico made him change his face: “To recognize wrongful Gheorghe Popa under art. 324 par. 3, Penal Code and appoint punishment, of seven years imprisonment in a closed penitentiary, with a fine of 8000 conventional units (160 thousand lei, no), with deprivation of the right to hold public functions for a period of 10 years”. Boica punished Popa even more severely than the prosecutor asked. Octavian Iachimovschi asked seven years in prison, a fine of 2000 uc (40 thousand lei) with deprivation of the right to hold public functions for 5 years. The sentence was not implemented, this following to happen after examining of the case at the Court of Appeal. Until then, Popa does not have the right to leave the country. “Here, you can expect anything”, he exclaimed, finally, Gheorghe Popa, noting that he will go to the Court of Appeal, and that “hope dies last”.

Popa is only the second judge in the history of Moldova convicted of corruption. The first was the late Andrei Bejan, sentenced to 10 years in prison in the mid 90s.

Attorney vs lawyer. Right vs illegal

Octavian Iachimovschi, corruption prosecutor who led the prosecution in this case, stated that “our position was taken into account in terms of punishment. I consider that the submitted evidences were assessed objectively and fairly. I can not be satisfied with a decision. I am prosecutor and I have no personal interest. I have not condemned anyone, I just supported the prosecution claimed by state. The fact that Mr Popa was taken in the act represents more circumstances, such as even alterations of Article 19, par. 4 of the Law on the Status of Judge, which allowed the prosecution on corruption cases to be initiated directly by the attorney general”, said Iachimovschi.
Another position has, however, lawyer of Gheorghe Popa, Vasile Nicoara, who states that the sentence is illegal. “The unlawfulness of the sentence resulting from the fact that evidences, its content from the sentence, were forcing the judge to adopt an acquittal. I refer to statements of witnesses Durnea and Busovschi. The court invoked that the defense’s arguments do not fight and do not demonstrate categorically and undeniably the groundlessness and illegality of criminal prosecution. In fact, defense, according to law, nor had this task. State authorities had to prove that in this case there was no element of challenge, invoked by us”, said Nicoara. He claims that, together with Gheorghe Popa, will notify the U.S. Embassy in Moldova, and the head of the EU Delegation in Moldova, Pirkka Tapiola. “At the expense of the right to a fair trial, the state seeks to demonstrate the efforts and results in fighting corruption. I think the judge was put in a position to issue such a ruling by the state authorities”, said Nicoara.

Boico says he was not pressed

On Tuesday, at around 15.30, I called Judge Victor Boico, asking him whether or not he was under pressure to deliver a conviction for Gheorghe Popa. His assistant told us that the magistrate is no longer at work and that, most likely, will not be on that day, him having no other hearings scheduled. The next day, we managed to talk to the judge Boico, and he gave many details regarding the case. “You can imagine how stressed I was when such a sentence was issued!? But, all media spoke unwittingly. Here isn’t bribery, it is passive bribery, it’s a more serious offense, where there is no alternative. I should not talk about evidences, but I want to say to the society about some mistreated situations. I am aware of all information from the media. The comments made are very far from the truth. In this case it was a situation where could have been a conviction or an acquittal. The issues that the ones with millions are not punished, but this one, with $200, is, yes, it bothers me also a lot. I’m not a moron and I realize that in front of me stood a colleague”, said Victor Boico.

I asked if the sentence has anything to do with the demands of Europeans to fight corruption in the judiciary, position stated by Popa’s lawyer. “Anyone can make such a conclusion, that everyone is expecting results, but that does not mean that judges are pressured to issue sentences. It’s absurd. At the Court of Appeal there are three … They will think, will see. Maybe they’ll give a different appreciation to evidences. The fact that I have not ordered the immediate execution of the judgment does not mean in any case I was not sure Gheorghe Popa to be condemned. Decision links with how is decided the situation of presumption of innocence. I did not want to implement the sentence, which is not final. I think that, in situations with resonance, the defendant should be given the permission to pass all remedies”, said the magistrate, who recently was elected to the Disciplinary Board of the Supreme Council of Magistracy.

Victor Mosneag