The prosecutor of the Specialized Anti-Corruption Prosecutor's Office (SAP) Mykola Karas recused the judge of the High Anti-Corruption Court (HACC) Volodymyr Voronko during the consideration of a preventive measure for SBU General Serhiy Duka. The reason was the circumstances of the court hearing, in particular the restriction of journalists' access and the decision to partially close the hearing.
The Anti-Corruption Action Center (AntAC), whose representatives are monitoring the "Carthage" case, reported this on November 6.
According to AntAC, prosecutor Karas stated that the defense of General Duka was trying to delay the court proceedings so that the court would not have time to choose a preventive measure for the suspect.
In addition, the prosecutor questioned the validity of Judge Voronko's decision to hold part of the hearing in closed session.
According to Karas, the Security Service of Ukraine (SBU) sent a letter to the court allegedly about a threat of a terrorist act. At the same time, the prosecutor claims that he was not given the opportunity to review this document.
The content of the SBU letter, the validity of the threats mentioned in it, and the reasons for denying the prosecutor access to the document have not been independently confirmed.
The Anti-Corruption Action Center suggested that such circumstances may indicate possible SBU influence on the court. At the same time, no officially established facts of pressure on the judge have been made public so far.
The prosecutor's recusal motion against Voronko must be considered by another HACC judge. At the time of the AntAC's last update, the decision on this recusal and the preventive measure for General Duka was not yet known.
Journalists initially not allowed into hearing
Recall that on November 6, the HACC began considering a motion for a preventive measure against former First Deputy Head of the SBU Department for Protection of National Statehood Serhiy Duka, a suspect in the "Carthage" case.
According to AntAC, the hearing was moved to another hall without notifying media representatives who were waiting in the previously designated room.
About 60 journalists were unable to enter the hall where the preventive measure for the SBU general was being considered. Initially there was no broadcast of the hearing either.
As reported by "Glavkom", the HACC press service explained the journalists' lack of access by insufficient seating in the room. However, the prosecutor stated that there was enough space for media representatives.
Later, a broadcast of the hearing was organized for journalists in an adjacent hall.
During the hearing, Duka's defense filed a recusal motion against SAP prosecutor Mykola Karas. Judge Voronko refused to grant this motion.
The SAP prosecutor objected to holding the hearing in closed session, while Duka's lawyer supported the relevant motion from the SBU and the defense.
The defender argued that an open hearing could create risks for the health and safety of his client. In particular, he referred to the dissemination in the media and NABU materials of information about the general's residence.
Eventually, Judge Voronko decided to hold part of the hearing in closed session and part in open session. During the closed part, the broadcast for journalists was switched off.
After these events, prosecutor Karas filed a recusal motion against Judge Voronko himself.
Serhiy Duka suspected of participation in a criminal organization
Serhiy Duka is one of the figures in Operation "Carthage", within which NABU and SAP are investigating possible cover-up of illegal activities of fraudulent call centers, drug business, and other criminal schemes by law enforcement officials.
In the investigation materials, the general appears under the pseudonym "Akim". According to the investigation, he contributed to protecting members of a criminal organization from the attention of special service officers.
On November 4, NABU detectives conducted a search of Duka's home, during which, according to the head of the detectives' unit Oleksandr Abakumov, the general threatened law enforcement officers with a pistol and destroyed electronic devices.
Earlier, "Kurs Ukrainy" reported on the circumstances of this search and the confrontation between NABU and SBU officers.
On November 5, NABU and SAP announced suspicion to five persons within Operation "Carthage". Among them are high-ranking officials of the Security Service of Ukraine and the National Police.
Duka is charged with participation in a criminal organization. Meanwhile, his guilt must be established by a court.
Further consideration of the preventive measure will depend, in particular, on the resolution of the prosecutor's recusal motion against the judge.
Sources: Anti-Corruption Action Center, Glavkom
