Prosecutor Zeynalov asks the court to return the case for a new investigation

Baku/15.11.22/Turan: On November 14, the Baku Serious Crimes Court continued consideration of the lawsuit filed by businessman Afgan Zeynalov against Nelly Fabrichnaya, the head of the personnel department of “Murov” TSK LLC, his company. The essence of the lawsuit is that Zeynalov accuses Fabrichnaya of stealing 423.5 thousand dollars (the equivalent of 720 thousand manats), which he, as he stated in court, found in a garbage dump. And he kept this money in a personal safe located in the apartment of Nelly’s father.

Nelli Fabrichnaya, who is being held in a pre-trial detention center, denies all charges. The trial is led by Judge Faik Ganiev. In previous court hearings, Zeynalov's sister claimed that Fabrichnaya deliberately poisoned her brother in order to kill him and embezzle the company's money. Nelli Fabrichnaya and her lawyer Gazanfar Rzayev completely reject the accusations.

The judges heard the testimony of the witnesses. The owner of a Mercedes Vito car, Etibar Khalilov, lives next door to  Vugar Aliyev, the son of a cleaner of “Murov” company. At previous court hearings, it was said that the a cleaner-woman bought her son a Mercedes Vito. The prosecution believed that the car was purchased with money stolen by Nelli Fabrichnaya and then donated to Mehriban Atakishiyeva, the cleaner of the “Murov” company,  Vugar Aliyev’s mother. But at the meeting on November 14, Khalilov said that Vugar Aliyev agreed to buy a car for 25,000 manats, but paid 10,000 and did not pay extra 500 manats every month. As a result, Vugar owes the owner 10,000 manats, the car remained unsold and is kept by Etibar Khalilov.

An important part of Khalilov's testimony is the information he said twice that Vugar had his own car, he sold it and partially paid for the purchase of a Mercedes.

Khalilov denied Zeynalov's allegations that he had taken building materials to Mehriban Agakishiyeva's home to repair her apartment. Then the judge read Khalilov's testimony during the investigation about how he received a refrigerator and other goods brought in a truck at Atakishiyeva's house.

A witness Arzu Bashirova, an employee of the Respublika Bank, reported that in the presence of Afgan Zeynalov, Nelly Fabrichnaya opened  in their bank a card,  in  addition to the main card, belonging to Zeynalov.  Fabrichnaya could take money from Zeynalov's bank account on the basis of a power of attorney issued by him. Afgan Zeynalov confirmed that he knew about the existence of an additional card that would give Fabrichnaya access to his account. Defendant Nelli Fabrichnaya, who took the floor, informed the court that Zeynalov personally deposited 30,000 manats on this account.

The witness Sugra Hasanova, an accountant of the “Murov” company, spoke a lot and quietly (the audience could not hear most of what was said) about the special position of Fabrichnaya in the company. According to the witness, Nelly enjoyed the full confidence of the owner of the company, eavesdropped on his conversations in the office behind the door, was interested in everything that was happening and knew everything.

In court, Hasanova called Fabrichnaya a “swindler”, but she could not argue this definition when asked by the defense lawyer, for which she was criticized by judge F. Ganiyeva. The witness reported on the close relationship between Fabrichnaya and cleaning lady M. Atakishiyeva, whose dramatic improvement in her well-being is linked by the prosecution to the “stealing of money” by Fabrichnaya.

S.Hasanova told about the bag with medicines in the service room of the Factory. Nelly treated the sick Zeynalov with these medicines. Nelly told Hasanova that the medicines were bought by prescription. Nelly claimed that she would cure the owner of the company. The witness did not see the recipe. She told how once Zeynalov was severely poisoned by eating fish.

According to Hasanova, the theft of money was discovered when Zeynalov decided to buy a powerful excavator in Turkey to work in Kalbajar. I suddenly found out that 720,000 manats disappeared. Then Fabrichnaya told Hasanova that she could help buy an excavator by taking money from her brother. But then, according to Hasanova, after the scandal that broke out, N. Fabrichnaya, in writing, in the presence of Hasanova and the driver Fazil, confessed to stealing the money and promised to return it. But, as lawyer G. Rzayev said, the receipt kept in the criminal case, attributed to Fabrichnaya's hand, does not mention the theft.

Then Fabrichnaya called the police to the company's office to investigate the missing money. She told the court that, answering the questions of police investigator Hasanov, she told him about Zeynalov's safe located in her father's apartment.

When asked in court about the reason for the “enrichment” of the cleaner Atakishiyeva, the accountant Sugra Hasanova said that Atakishiyeva spoke about the help provided to her by a relative. Nelly helps the cleaner "sometimes," Hasanova said.

The witness could not answer the reason why Zeynalov placed the safe in the apartment of Nelly’s father, and not in the apartment rented by Zeynalov or from his brother. Hasanova said that Afghan trusted Nelly a lot. The accountant also did not explain why, knowing about the malicious deeds of Fabrichnaya, she did not inform Zeynalov and the police about this.

The hearing ended with a speech by Afgan Zeynalov's brother, Mammad, who works for the same “Murov” company. He told how they found out about the missing money when they had to buy an excavator. Afgan Zeynalov told his brother that Nelly had taken $300,000 to buy the excavator. Moreover, in the testimony of Mammad, the amount of the loss increased to "800-900 thousand manats".

Mammad Zeynalov spoke about the serious illness of his brother, who did not understand what they were saying to him, he was so bad. Mammad urgently called the doctor, who, after listening to the symptoms, advised him to stop taking all the medicines and go to another doctor. The brothers are sure that Afghan was deliberately poisoned by Nelli Fabrichnaya.

At this point, Afgan Zeynalov took the floor and, turning to the judge, asked to return the case for further investigation. The judge refused (“yet”) to grant the injured party's oral motion.

After the trial, lawyer G. Rzayev explained Turan that A. Zeynalov's petition was due to the fact that during the investigation the version of his deliberate poisoning by Fabrichnaya was rejected for lack of evidence. The lawyer suggests that Zeynalov intends to return the case to the investigator in order to have the decision to refuse to consider the version of poisoning reversed.

The hearing of witnesses will continue in a week.

It should be noted that the microphones in the hall did not work, and therefore it was difficult to keep a written record. The court should have ensured good hearing for those present.

The  trial continues...

You can read previous articles about this trial  here:

Doubtful judgment

Accusation against Turan agency at Baku Serious Crimes Court

Witnesses do not confirm the theft of money in “Murov”

Some courts comply with the presidential order on humanization, others do not

Doubtful trial: The accuser's sister introduced new detective notes about kidnapping into the trial