The death of a national guard at the hands of a judge: the prosecutor’s office told how Tandyr’s defense is delaying the trial

Tandir at the scene of the accident. screenshot

The prosecutor’s office draws attention to the fact that in the case of a fatal road accident in which a 22-year-old serviceman died, the defense of the accused former judge Oleksiy Tandyr is delaying the trial.

Source: press service of the Kyiv City Prosecutor’s Office

Details: Currently, the Sviatoshyn District Court of Kyiv had to continue the proceedings. Two defenders of the accused did not appear at the court session, so the session was postponed to January 28.

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The prosecutor’s office draws attention to the fact that court sessions are scheduled regularly at intervals of 10–20 days, without long breaks. At the same time, the prosecution repeatedly recorded attempts by the accused to delay the trial. Most of the court hearings began with motions for the removal of the judge, a ban on the presence of journalists, numerous objections on formal grounds. In addition, the accused broke contracts with lawyers and, referring to their absence, demanded the postponement of meetings. In such cases, the court provided him with a free defense attorney.

The prosecutor’s office also recalls that in December 2023, the accused tried to mobilize to the territorial defense unit in Nizhyn, using this as a reason to be released from custody. The prosecution considered such actions as an attempt to stop the trial. Later, the military unit refused to accept him for service.

As of now, 30 prosecution witnesses and 4 defense witnesses have been questioned in court. The lawyers requested the questioning of 22 witnesses, but the court granted the questioning of only 9. In connection with the non-appearance of certain witnesses that the defense could not provide, the court proceeded to the examination of written evidence.

Literally: “The position of the prosecutor’s office remains unchanged: if a preventive measure not related to detention is chosen, it will be impossible to ensure proper procedural behavior of the accused. For more than two and a half years, he has systematically shown disrespect to the court, the prosecution and the family of the fallen serviceman.

Despite the power outage, air raids and other objective circumstances of wartime, the prosecutors of the Kyiv City Prosecutor’s Office will continue to take all possible procedural measures to bring the trial to a logical conclusion, and put an end to this case.”

What preceded: The European Court of Human Rights (ECtHR) has decided that Ukraine should pay EUR 2,100 in compensation for moral damages and EUR 250 in compensation for court costs for detention without bail to Oleksiy Tandyr, a former judge of the Makarivskyi District Court of Kyiv Region, who, while intoxicated, ran over a National Guard soldier at a checkpoint.

The court came to the conclusion that Tandir’s detention in pre-trial detention center for more than two and a half years without consideration of alternative preventive measures is contrary to Article 5 of the European Convention on Human Rights.

Know more: Father of three children. What is known about the 23-year-old national guard who was beaten to death by a judge in Kyiv

Prehistory:

• On May 25, 2023, at around 11:55 p.m., Oleksiy Tandyr, head of the Makariv district court of the Kyiv region, while driving a Lexus ES 350 while intoxicated, ran over a National Guard soldier on duty at a checkpoint. The victim died at the scene from his injuries.
• As a source in the National Guard told Suspilno, a judge in a Lexus crashed into a military man when he went out on the road to install engineering barriers. The judge was drunk, and empty alcohol bottles were lying in his car.
• After the accident, the driver refused to undergo an examination for alcohol and drug intoxication. In this regard, at the request of the prosecution, the court granted permission for forced collection of biological samples. The judge tried to falsify his biospecimens. The pre-trial investigation lasted almost three months.
• The criminal proceedings against the ex-judge were referred to the court by the Kyiv City Prosecutor’s Office in August 2023. The preliminary court hearing in the case was held on September 6, 2023. The hearing is carried out by the Svyatoshyn District Court of Kyiv.
• On April 11, 2024, at a meeting of the High Council of Justice, a video from the scene of a fatal road accident was shown with the participation of judge Oleksiy Tandyr.
• In August 2024, the Supreme Council of Justice decided to dismiss the accused from the post of judge.

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