Nelly Fabrichnaya has been sentenced to 11 years of strict regime imprisonment

Baku/12.04.23/Turan: On Tuesday, the trial of Nelly Fabrichnaya, the former head of the personnel department of the “Murov” company, which lasted for six months, ended in the Baku Serious  Crimes Court. The owner of the company, Afgan Zeynalov, accuses her of stealing and embezzling 720 thousand manats in various currencies, but Fabrichnaya denies this. Zeynalov's company fulfills the order of the state-owned company “Dəmiryol” for the construction of roads and railway facilities.

At the previous hearing, the prosecutor asked Judge Faik Ganiev to sentence Fabrichnaya to 11 years in prison.

On April 11, the lawyer of the accused Gazanfar Rzayev protested to Judge Ganiev that he did not stop dirty insults against him from Zeynalov, and the secretary did not record what was happening at the previous trial. By the way, at the end of the day, the lawyer reminded the judge of the illegality of the absence of video and audio recordings at the trial, which will allow the prosecution to deny what is happening in the courtroom. At the previous hearing, the judge, without giving the floor to the defense, allowed the prosecutor to read his speech. On Tuesday, the judge did not grant the defense's motion, which lists multiple violations at the investigation stage.

The floor was given to the Zeynalov’s lawyer, who built a speech on the version of deliberate poisoning of the owner of the company by his subordinate, Fabrichnaya, for the safe appropriation of the company's funds. The investigator rejected  the version, but Zeynalov demands to return the trial to the investigative stage in order to revive the version and convict Fabrichnaya under the Article attempted murder. Zeynalov’s lawyer did not talk Fabrichnaya about the theft of money of the company.

The judge led the trial to completion, inviting G. Rzayev to make a closing speech. Fabrichnaya  rejected her right to speak. Then Rzayev asked to give him a few days to prepare a speech, since the trial lasting six months, a two-year investigation, in 13 volumes, cannot be characterized impromptu. The judge did not give such an opportunity, offering the lawyer five minutes to prepare. Rzayev had to agree.

In his speech, the lawyer recalled that Zeynalov was sentenced in 2015 by the Lenkoran Serious Crimes Court to 7 years in prison under various Articles, including forgery of signatures and documents. At that time, he was the CEO of “Avtotransyol.” The same Zeynalov in 2021 submitted to the investigation an alleged confession by Fabrichnaya with a fake signature.

Afghan Zeynalov, in his address to the president and the first vice-president of the country, points to his participation in the second Karabakh war, but the Defense Ministry responded to the lawyer's request that they did not have such a serviceman.

These features of Zeynalov are not considered by the court and the investigation when considering Fabrichnaya's petition that her signature under the confession receipt, beaten out of her by force in the  “Murov” company, is a fake. The court did not invite an expert to the trial.

The lawyer drew the court's attention to the fact that Zeynalov conducted large orders, nevertheless registered in Fabrichnaya’s apartment, and installed a personal safe there, although he could have bought a house in Baku or rented an apartment. He did not give the secret code and the keys to the safe to the owners of the apartment. Then Zeynalov took a credit card from the bank to use Fabrichnaya's bank account, with her permission. In July 2021, Zeynalov appealed to law enforcement agencies with a statement about the theft of his money, accusing Fabrichnaya first of embezzling 300 thousand dollars, then the amount increased by 100 thousand dollars and eventually reached 720 thousand manats.

At the stage of the investigation, the petitions of Fabrichnaya and her lawyers were rejected, and Zeynalov's demands were satisfied.

Lawyer Rzayev stated that Fabrichnaya was repeatedly beaten by Zeynalov. He threatened Fabrichnaya and her family. But the investigator was not interested in these facts, just as Nelly's statements about beatings were not discussed in the courts, although there are photos with traces of beatings. We emphasize that Nelly was able to go to the doctors a month after the violence. The court refused to invite doctors to the trial as witnesses.

The lawyer presented to the court audio evidence of a telephone conversation between Zeynalov and Nelly, where he talked about the need to have housing in Baku, so he would throw Fabrichnaya family off the balcony.

At the end of the investigation, Zeynalov began to offer Fabrichnaya a settlement on the terms of issuing him the specified amount of money, for which he would write a statement to the investigator about the absence of the fact of theft. He will even return her to her former position in the company. The investigator did not consider these audio evidence," the lawyer said.

In telephone conversations, Zeynalov admitted that he "took the amounts of money allegedly stolen from him from the ceiling," saying that if he wanted to, he would increase the claimed amount of loss to a million. This fact also remained unresolved.

The judge and the investigation were not interested in the fact that after accusing the company's cleaner M.Atakishieva of stealing 50 thousand manats from him, Zeynalov received 75 thousand from her. Why more? The defense claims that this is the price of the cleaner's silence about the collusion between her and Zeynalov, whose victim was Fabrichnaya.

Proceeding from the above, the lawyer asked the judge to recognize the innocence of the client. The judges left to have a meeting, and 2 minutes later announced their decision: Fabrichnaya was sentenced to 11 years of strict regime imprisonment.

As lawyer Rzayev told Turan,  The Article under which  Fabrichnaya has been charged  proved for a punishment for a period of 11-14 years. And the judge determines  the regime of imprisonment.

N.Fabrichnaya and her lawyer will appeal to the Court of Appeal against the decision of the Baku Court for Serious Crimes.

Previous articles about this process:

The prosecutor requested 11 years of imprisonment for Nelly Fabrichnaya

Pressures are made on the participants and journalists in the case of “Murov” company

Dubious trial

Baku Court of Grave Crimes charged Turan News Agency

Witnesses do not confirm the theft of money at "Murov"

Some courts comply with Presidential decree on humanisation, others do not

Dubious trial: prosecutor's sister gives new detective overtone to the process of kidnapping

Prosecutor Zeynalov asked the court to send the case back for a new investigation

Prosecutor threatens witness in presence of judge at the Court of Grave Crimes

Occultist turned up at the Nelli Fabrichnaya's trial

New prosecutor's lawyer uncovered facts against her client

Dubious trial: doubts get bigger

The lawyer is against the use of the word "beloved" in court. The judge agreed

The court heard evidence about morals and money in the company Murov