You're reading: Nasirov detention hearing adjourned for second time

A judge delayed a hearing on whether to extend the arrest of embattled State Fiscal Service Chief Roman Nasirov for the second time on March 5, the second adjournment since Nasirov’s March 2 arrest.

Critics fear that with time running out on Nasirov’s detention, he could be released tonight.

Solomyansky District Court judge Oleksandr Bobrovnikov made the decision to pause the hearing just before midday. In order to formally extend Nasirov’s detention, an investigating magistrate needs to examine and approve the case.

Bobrovnikov told TV channel Hromadske on March 5 that an investigating magistrate will review Nasirov’s case on Monday, March 6.

The decision to further delay proceedings came after Nasirov’s defense team accused the judge of bias.

Nasirov’s lawyers put forth a motion to disqualify Bobrovnikov from the hearing, but the motion needs to be considered by another judge.

Ukrainska Pravda reported that there are supposed to be two judges on duty during the weekends.

But according to Bloc Petro Poroshenko MP Mustafa Nayyem today there was only one judge present.

Courts are currently seeking another judge to consider the disqualification motion before Nasirov’s trial can continue.

Critics believe this to be among a series of stalling tactics by Nasirov’s team to bide time until 11pm, when his arrest warrant expires.

On his Facebook page, Nayyem said Nasirov may be released because the courts “ran out of time”.

“Even if they find a second judge to approve the petition for (Bobrovnikov’s) disqualification, they will need to find yet another judge who can look at (Nasirov’s case),” he said.

“It becomes more complicated because cases for the election of a preventive measure need to be examined by an investigative judge, of which there are only two at Solomyansky District Court.”

Nasirov has been accused of helping fugitive lawmaker Oleksandr Onyshchenko embezzle around Hr 2 billion ($73 million) from the state budget by allowing gas companies connected to the former deputy to dodge taxes.

But the hearings have been derailed so far by Nasirov’s supposed health problems. The focus on Nasirov’s supposed medical issues have meant that nearly none of the time spent at the court hearing have touched on the criminal allegations against the suspended fiscal service chief.

Both Nasirov and his team of nine lawyers called on the court to postpone the hearings until his condition stabilized.

Nasirov’s critics have lambasted the demands, which they say are a diversion tactic to run down the 72-hour clock on pretrial detention without extension, which, for Nasirov, expires at 11pm on March 5.

As part of the team’s suspected diversion tactics, they have sought to question all nine members of the medical commission of the Strazhesko Cardiology Institute, whose findings show Nasirov does not need emergency medical assistance.

A judge denied the request.

On the evening of March 4, the tax chief was granted a 10-hour postponement of a court hearing until the next day. The delay came amid a bomb threat to the courtroom and a supposed decline in Nasirov’s condition.

The next morning, the Strazhesko Cardiology Institute concluded that Nasirov was suffering from stage two hypertension – high blood pressure. The doctors said in a statement that Nasirov does not require emergency medical treatment.

Prosecutors submitted the diagnosis as part of the hearing.

According to news website Ukrainska Pravda, Nasirov’s lawyers did not object to the diagnosis being entered into the court record, but maintained that the prosecution obtained the documents illegally.

Ukrainska Pravda, citing Nasirov’s lawyer as a source, reported that Nasirov was taken to the Strazhesko Institute of Cardiology following the Saturday night court hearing, and then to an emergency clinic.

Both places refused to admit the suspended fiscal service chief because he was already hospitalized at Feofaniya, the lawyer said.

Nasirov was then transported to the Kyiv suburb of Feofaniya at around 3 am, where he has been staying since allegedly suffering a heart attack earlier this week.

It was there that the National Anti-Corruption Bureau served him the arrest papers on March 2.

His lawyers claim the arrest was unlawful, as he was allegedly served while unconscious.

The Cabinet of Ministers suspended Nasirov from his post on March 3.

Nasirov is among a number of state officials who have suddenly began to suffer from health complications immediately after being criminally charged.