Adrian Nichifor, convicted by first court of killing Iurie Parlici, brother of former Nisporeni Commissioner, was in state of affect at the time of the crime. The conclusion comes from a psychologist and would have been presented at the last hearing of the case. This was not possible, because none of the convict lawyers was present at the trial. Judges, prosecutors and prosecution lawyers concluded that this way defense is trying to delay the case.

Adrian Nichifor, one of the most controversial detainees in prisons in Moldova, was brought last Friday before the judges at the Court of Appeals (CA) Chisinau. In the morning, starting with 09.00, he was to be tried in the criminal case in which he is accused of determining four witnesses to give false statements about the events of April 2009. Following this testimony, the brothers George and Anatoly Stepuleac were imprisoned, but they subsequently won the ECHR judgment, the state being obliged to pay not less than 14 thousand euros. Immediately, by another panel of judges, Nichifor was to be tried for murder of Iurie Parlici, brother of former Nisporeni Commissioner, killed with several shots in April 2010. In the first instance, Nichifor was convicted in both cases: two years in prison on April 7 case and 17 years on the murder of Iurie Parlici.

Two postponements in one day

Adrian Nichifor appeared relaxed in court. Dressed elegant, with a clock on his right hand, Nichifor alternated moments when he smiled and talked to policemen that escorted him to moments when he put his head down and covered his face, as if trying to avoid cameras and cameras objectives. The two cases in which he is judged are close to completion. But the last hearing was postponed, because none of the two lawyers of Nichifor showed up. Lawyer Vyacheslav Turcan was represented by an intern, who presented the court a document certifying that the lawyer is busy with another case. After long consultations and after Nichifor said the hearing could not take place without the presence of his lawyer, magistrates Ion Pleshca, Oxana Robu and Gennady Lisii decided to postpone the case of April 7, but to also amend the lawyer Vyacheslav Turcan with 20 conventional units, ie 400 lei.
Nor in the other file, more resounding, was not worked. Besides Vyacheslav Turcan, to the trial did not show up either Vazdoaga Ion, another defender of the convict. Through intermediaries, Vazdoaga remitted to court a medical certificate announcing that he is on sick leave. The court noted the absence of Vazdoaga, but fined once again Vyacheslav Turcan, also with 400 lei. All those present, besides Adrian Nichifor, his nephew, Nichifor Trofim, and his lawyer, have complained that the defense is trying to delay the examination of cases. The judges confirmed this. In the end, however, both cases were rescheduled for September.

The conclusion that helps Nichifor

In the resounding file of murder of Iurie Parlici at the last hearing was to be presented psychologist’s Svetlana Rusnac conclusion vis-a-vis the state Adrian Nichifor was when was produced crime. Previously, by a psychiatrist, on the case was made an expertise, which established that Adrian Nichifor was responsible at the time of the murder. Ana Ursachi, Parlici family lawyer, said that the doctor said it was clear that Nichifor was and is of sound mind.
“Nichifor’s lawyers have put in that expertise many questions about the state of mind of the convict. Psychiatrists have said that they can not answer questions related to affect, because there are questions related to psychology. Then, lawyers asked a specialist to explain the phase of affect. But it was to be heard a specialist, to explain some things. Instead of hearing, however, we get a conclusion that Ms. psychologist notes that Adrian Nichifor would be in a state of emotion when crime was produced”, said the lawyer. She says she does not know how exactly was chosen as a psychologist Svetlana Rusnac, previously, the court assuming the role to find a specialist. “We will ask this conclusion not be taken into account by judges”, announces Ursachi. Svetlana Rusnac is Dean of Psychology and Social Assistance Faculty at the Free International University in Moldova.

Lawyer: It bypasses a part of the truth
“I’m not surprised that the psychologist found that Nichifor was in state of affect. Until now, in media is tried to prove only one position, unilateral, that Nichifor shot from Kalashnikov, but bypasses a part of the truth. I think this is done intentionally. On the spot were also found tubes from the gun, and in the prosecution of these acts were not given any discretion. Prosecution was made in one direction only to show that Nichifor is bad”, says Vyacheslav Turcan, one of the lawyers of Adrian Nichifor. “I’m not saying he is white and smooth …, but it should be given an assessment of all the circumstances. There were people who shot from Nicifor’s gun, but this has not been elucidated in the prosecution. In this way, I have a very wide field of interpretation in defense of Nichifor. Wins not who wins the battle, but one who wins the war, and it is organized in a dirty form against Adrian. I’m not saying he’s perfect, but the problem is that they did not behaved with him right from the start”, says Turcan.
Regarding the fact that he was fined by the court for failing to appear at trial, lawyer states that disagrees with the decision of the magistrates, which he considers “abusive”. “At least in this case I can say clearly that for me was not an attempt to delay. I was involved in another trial, as judge, which could not be postponed. I could not be fined, because the law says that this is possible only when the lawyer is missing unmotivated and does not even announce the court”, says Turcan. “It is clear delay. During the four years since examining the case, we had three stages. He acted the same as the first instance, when was following the sentence at Ciocana, where he received 17 years. Then, at the Appeal, when they cut him 12 years, he was coming and not delaying. Later, at the Supreme Court delayed again. Now, he is doing this again. Perhaps Nichifor has no crossing to judges and attempts to delay”, replied Ana Ursachi, claiming that the Department of Penitentiary Institutions sources told that Nichifor would even try to escape.

New charges against Nichifor: sex, rape, paternity

These two cases, regarding murder and false testimonies on 7 April, on which the period of limitation has expired, are not the only ones on the name of controversial Adrian Nichifor. In May 2013, the Prosecutor General (PG) has indicted to begin prosecution on his name after detained Valeria Dobrovolscaia complained that she was raped by Nichifor. Last year Dobrovolscaia told prosecutors that the way she had been raped “were facilitated and prepared by representatives of Prison no. 13 in the period January-March 2011. “The detained is the mother of a boy of about three years.
The case was, until last month, in the management of Military Prosecutor’s, but was taken over by the prosecutor general, by order of attorney general, Corneliu Gurin, and sent to Prosecutor Chisinau. Attorney Alexandru Chirita, who handled the case, told us he did not know why the case was withdrawn from his management. The file is now managed by Lilian Corpaci, prosecutor at the Prosecutor Chisinau. Requested by ZdG, he did not want to discuss the topic. “The file was on the shelf at the Military Prosecutor. Subsequently, a prosecutor decided on termination of prosecution of Nichifor. Then I asked a DNA expertise, to put things right. Since then, the Military Prosecutor’s Office denied the file. Since then the problems started. Now is to be done the paternity test. But I do not need any test, because, if you see the child, you realize that he is Nichifor’s, because he is his copy”, says Ana Ursachi. She argues that the name of Nichifor appears in another file that is now at PG, opened after another detained Nely Craciun, early this year filed a complaint on Nichifor, claiming that she was forced to maintain sex relations with him.

Victor Mosneag