Tymoshenko appeals against conviction in Ukraine court

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Aug. 16, 2012, 12:48 p.m. | Politics — by Reuters

Serhiy Vlasenko, the head of the defense team of former Premier of Ukraine and leader of the Batkivschyna party Yulia Tymoshenko


Defence lawyers for jailed Ukrainian ex-Prime Minister Yulia Tymoshenko on Thursday, Aug.16, said there were no grounds for a criminal case against her as they launched a fresh appeal against her conviction last year for abuse of office.

The opposition leader's jailing for seven years last October soured the former Soviet republic's relations with the European Union, which sees her as a victim of selective justice by President Viktor Yanukovich, her political foe.

But, with a parliamentary election set for Oct. 28, the Yanukovich leadership has shown no signs of releasing her and are instead piling up other charges against her.

In a separate trial, which has been adjourned several times because of back trouble which has confined her to hospital, she is accused of embezzlement and tax evasion going back to alleged offences when she was a businesswoman in the 1990s.

The conviction for abuse-of-office which she is appealing in the Kyiv court relates to a 2009 gas deal with Russia which she brokered as prime minister.

Yanukovich's government says the deal saddled Ukraine with an exorbitant price for gas imports and has become a mill-stone for the economy.

With Tymoshenko absent in a state-run hospital in the city of Kharkiv, the appeal hearing in Kyiv has also been adjourned several times. But it went ahead on Thursday after her lawyers said Tymoshenko wanted proceedings to continue in her absence.

Laying out the basis for the appeal, her lawyer, Olexander Plakhotniuk, told the court: "I consider that the sentence of the court (last October) is unlawful. The court incorrectly applied criminal law and this is the basis for overturning the sentence."

"I appeal to the court to overturn the judgment and halt the case against Yulia Tymoshenko on the grounds of a lack of criminal action," he said.


Some parliamentary supporters of Tymoshenko enlivened the start of proceedings by trying to nail up on the courtroom's wall a reproduction of a Renaissance painting depicting a corrupt judge being flayed alive, Interfax news agency said.

Judge Stanlislav Myshchenko warned them that they would be expelled if there were further attempts to disturb court proceedings. "You're not in parliament now. If I have to speak to you again, it will be to send you out of the courtroom," he said.

Tymoshenko has denied betraying the national interest and says she is the victim of a vendetta by Yanukovich who beat her for the presidency in a run-off in February 2010.

Tymoshenko was a leader of the 2004 Orange Revolution protests which derailed Yanukovich's first bid for the presidency, but failed to produce a strong unified government.

Since Yanukovich defeated her in the presidential election, some of her opposition allies have also faced corruption-related charges.

In the political fall-out from her prosecution, the European Union shelved key agreements on political association and free trade with Ukraine, while the United States has also criticised the court action against her as politically-motivated.

Separately, the Tymoshenko camp has also turned to the Strasbourg-based European Court for Human Rights.

The Kyiv Post is hosting comments to foster lively debate. Criticism is fine, but stick to the issues. Comments that include profanity or personal attacks will be removed from the site. If you think that a posted comment violates these standards, please flag it and alert us. We will take steps to block violators.
blueriver Aug. 16, 2012, 3:31 p.m.    

The court is controled by Yanukovych and his clan.
Yanukovych was mad angry at Yulia in 2004, Yanukovych and his Russian Mafia poisoned Yushenko and now Yanukovych has a personal vendetta againist Yulia.

Its very funny that the Big tough Soviet Yanukovych is afraid of an elegant attractive Lady.

After 2004 Yanukovych should of went to court for his corrupt / fraud / bribes during the elections 2004 and his freinds Putin who will always support and use his influance to help Yanukovych win.

Putin is telling his freinds in Moscow " my man Yanukovych in Kiev"

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Joseph Korpsak Aug. 16, 2012, 5:43 p.m.    


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Ukrtoday Ukraine Aug. 16, 2012, 11:54 p.m.    

Tymoshchenko's persecution and allegations of abuse of public office was initiated by Yushchenko back in 2009.

Yushchenko is on the public record indicating his support for Tymoshenko's conviction.

If anyone should face prosecution of abuse of public office it is Yushchenko.

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kpxoxol Aug. 17, 2012, 6:11 a.m.    

Thief oligarch "gas princess" Tymaoshenko is scared her crimes are going to catch with ther, heh, heh, heh :D

No wonder the disgusting orange mafia thief ended up on the Interpol most wanted list. Time for Russia to renew the charges against her too.

"Tymoshenko scandals

In August 2000, Olexandr Tymoshenko, a member of the board of the UESU and the husband of Yulia Tymoshenko, was arrested by the Ukrainian police. Together with Valery Falkovych, first deputy general director of the corporation, Tymoshenko was officially accused of embezzling US$800,000 in public funds through the export of rolled metal to Asia during the 1990s.[3] Yulia Tymoshenko served from 1995 to 1997 as the director of the company. Like her husband, Yulia Tymoshenko was arrested and she staid under arrest for several weeks on forgery and gas smuggling charges.[4] Kiev's Appeal Court canceled lodging of criminal proceedings against her and her husband in May 2004 [5] and in September 2005 Russian prosecutors canceled her arrest warrant.[6]

Former head of the Security Service of Ukraine (SBU) Valentyn Nalyvaichenko claimed in 2010 that a document detailing the role of FBI Ten Most Wanted Fugitive Semyon Mogilevich in the gas trade in the mid-1990s including ties with top officials close to Tymoshenko was destroyed by his predecessor Oleksandr Turchynov. Turchynov called such claims an "elaborate ruse engineered by Yushchenko" to discredit his close ally, Tymoshenko.[7]

The company was dissolved in 2009.[citation needed]

The Ukrainian security service opened a criminal investigation into the embezzlement of $405 million by Energy Systems of Ukraine early July 2011.[8]"

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