Arxiv
Baku/21.02.23/Turan: On February 20, the Baku Serious Crimes Court continued considering the lawsuit of the owner of the “Murov” construction company Afgan Zeynalov, a construction contractor of Azerbaijan Railways CJSC, against the former head of the personnel department of this company, Nelli Fabrichnaya. A court presided over by Judge Faik Ganiev is to decide whether Fabrychnaya is guilty of stealing about $400,000 (720,000 manats) from the Murov safe.
The trial is characterized by the facts of pressure on the judge and the Turan agency covering the process. At the last trial, the lawyer of Fabrichnaya - Gazanfar Rzayev brought to the attention of the judge his protest in connection with the dialogue between Zeynalov and Judge Ganiev in the deliberation room.
"Entrance to the deliberative judges' room is prohibited for outsiders, this fact alone is enough to cancel the court's decision," Rzayev said in an interview with Turan. And yesterday, the same lawyer and others saw how in the courtroom, after the end of the session, Zeynalov in a harsh tone reprimanded the witness Mehriban Atakishiyeva, who did not answer questions in court as Zeynalov might have wanted. Atakishiyeva worked as a cleaner for the “Murov” company and answered questions from the judge and the prosecution's lawyer.
Turan agency was also subjected to pressure from Zeynalov's lawyers, who filed complaints with the court with a request to deal with a correspondent who, in their opinion, covered the trial in a biased light. The lawyers claimed that Turan was covering the trial falsely, they reported that they were ready to file a lawsuit against the agency. Turan offered defense counsel Ilhama Hasanova, with the participation of lawyer Gazanfar Rzayev, to watch the video recordings of the court sessions to make sure that what was written in the articles was true. But on her part, there was no appeal to the BAC with a request to ensure the viewing of the video recordings.
Another form of pressure on the press was letters to Turan and other media, in which the editor-in-chief of the Moderator website, who declared himself a relative of Zeynalov, demanded to stop publishing articles about this trial and stated that a complaint had been filed against the agency in court. It was in November last year. There is still no lawsuit against Turan. The appeal received by Turan from the editor-in-chief Moderator is replete with false statements and may be the reason for Turan's lawsuit against the accuser. His requests to authoritative journalists to influence Turan so that the agency would stop publishing reports on the “Murov” lawsuit did not lead to success.
Now about yesterday's trial. The judge listened to the testimony of Mehriban Atakishiyeva, a cleaner from the “Murov” company, who answered questions from lawyer I. Hasanova. Atakishiyeva reported that Fabrichnaya gave her 50,000 manats to repair the house, purchase household appliances, and some money was spent on buying a car for her son. Atakishiyeva lived in very poor conditions, she has two sick family members. She returned the money to Nelly after learning about the scandal caused by Zeynalov's demand to return the funds taken from him. She returned it by borrowing from relatives and a bank loan. According to Atakishiyeva, she though that 50,000 was aid from kind, wealthy people whose names she does not know.
Atakishiyeva, when asked by lawyer Rzayeva, admitted that after taking 50,000 manats from Nelly, she returned 70,000 manats to Zeynalov. The reason for this difference was not explained. Lawyer Rzayev explained to Turan that she gave Zeynalov an additional 20 thousand so that he would not punish her for what had happened.
Atakishiyeva did not answer in the affirmative to the questions of Hasanova's lawyer about whether she mixed something into the drinks when she gave Zeynalov a drink. The cleaner said that she came to Afgan's apartment to clean it up, but did not take part in the treatment.
Atakishiyeva is not familiar with Rauf Zulfugarov, Nelly's friend, she has not seen him. She denied Nelly's claims that she was involved in embezzling money from the company. She also denied Nelli's statement during the investigation that her son had threatened Fabrichnaya demanding that she slander herself. “No one threatened her or beat her. Nelli is not a person that can be threatened ” Mehriban Atakishiyeva noted. She also said that with the money she received, she ordered prayers for the successful resolution of family quarrels from Fabrichnaya, so that relations between Nelly and Afghan would improve.
Suddenly, Afgan Zeynalov stood up and delivered a speech defending Fabrichnaya. He told that he knew Nellie best of all, she would never dare to steal his money alone, she definitely did it on someone else's instructions and together with others. The court must return the case for a new investigation and identify all the kidnappers.
“They made her take it. You cannot put all the blame on Nellie. Even when she is imprisoned, she is forced to take all the blame on herself, promising to release her in some way,” Zeynalov said. He demanded that the court hear audio recordings with the participation of M. Atakishieva.
The judge continued reading the telephone conversations of N.Fabrichnaya with the participation of A.Zeynalov, R.Zulfugarov and others. In conversations, Fabrichnaya said that she was guilty and was suffering from what she had done, without explaining the reason for the suffering. In one SMS, Nelly wrote that she stole 400,000 manats from Afghan. She was used as garbage, Zeynalov slept with her, and when there was a conflict, he threw her out. In the conversations Fabrichnaya mentioned threats and beatings to which she was subjected. In a telephone conversation with Zulfugarov, Nelly told that Zeynalov threatened and beat her, and forced her to slander herself. It is surprising that in the course of the proceedings, at first it was the theft of 300,000 manats, then 400,000, and then the figure grew to 500,000 manats.
Further, in a conversation with Afgan Zeynalov, Nelly reported blackmail by Zulfugarov, who demanded 120,000 manats from her. She also talked how Atakishiyeva forced her to deceive Zeynalov.
At the next court session, on March 16, there will be a hearing of lawyers' petitions, and then the main speeches of the parties to the trial, judge F. Ganiev announced.
Previous articles about this 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
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