Mykola Nedilko, the lawyer of the former major of the State Department of Guards, Mykola Melnychenko, has said that the court of primary jurisdiction might declare invalid the tapes recorded in the office of Ukrainian President (1994-2005) Leonid Kuchma, if the court recognizes that Melnychenko's actions were illegal.
"To say that Melnychenko’s tapes are illegal evidence, the criminal case, which we are trying to dispute, has to reach its logic ending – the court has to recognize that Melnychenko is guilty for the actions he allegedly committed," the lawyer told Interfax-Ukraine in an interview on Monday.
Nedilko assumed that the court could declare Melnychenko’s tapes illegal evidence, referring to a ruling of the Constitutional Court, under which charges of crime cannot be based on evidence received illegally.
"As of today, Melnychenko’s tapes have been declared proper evidence," he said.
The lawyer also said that the ruling of the Constitutional Court deals with evidence received illegally, but does not mention Melnychenko as a witness in the Kuchma case.
As reported, the Constitutional Court of Ukraine on October 21 ruled that criminal charges cannot be brought based on evidence obtained without respect to the constitution or in violation of the law.