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Ararat Davtyan

Judge Only Allows Testimony of Bailiffs in Gohar Veziryan Trial

The trial of "Chorrord Ishkhanutyun" reporter Gohar Veziryan reumed today at the Kentron and Nork-Marash District Court, Judge Gagik Poghosyan presiding. Ms. Veziryan is charged with acts of "improper behavior" towards the court during the August 6, 2008 trial of Smbat Ayvazyan.   At today's session Gohar Veziryan was scheduled to testify but, citing her, rights she declined not only to offer testimony but refused to answer any questions directed to her by the court. The reporter explained her refusal by stating, "Because the charges are fraudulent and concocted and due to the fact that there is overwhelming evidence that I made no derogatory statements directed at the court." Prosecutor Levon Charkhifalakyan motioned the court to enter into evidence certain documents that hadn't been included as evidence pointing to the reporter's guilt. These included the receipt of communiqué at the Kentron police department regarding the crime, the detention of the reporter and records relating to the removal of Veziryan from the courtroom. Defense attorney Hovik Arsenyan objected to the motion and stated that the tape recordings of the Smbat Ayvazyan trial show that the judge, Gagik Avetisyan, did not order the removal of Ms. Veziryan and that the court bailiffs took it upon themselves to do so and that they used physical force, as reported by a court forensics examination. When asked by the judge why a criminal case hadn't been brought, if this was the case, attorney Arsenyan answered that the preliminary investigative body concluded that the actions of the bailiffs were within the law. After listening to both sides, the judge partially sustained the motion of the prosecutor and decided to examine the communiqué and the records of Veziryan's removal from the courtroom Afterwards, defense attorney Arsenyan motioned that the court call in as witnesses at least three individuals - Mikayel Danielyan, President of the Helsinki Assocation; Artak Yeghiazaryan, a reporter with the newspaper "Hayk"; and Hovhannes Shoghikyan, a reporter with "Azatutyun Radio". "These individuals were interrogated during the preliminary investigation but for some unknown reason haven't been subpoenaed by the court to testify as witnesses," explained Mr. Arsenyan. The court then rejected the motion, stating that the defense failed to supply the court with the addresses of these individuals and failed to explain how their testimony would specifically assist the ongoing trial. Just minutes before the judge read out his decision, attorney Arsenyan told the judge that the addresses of these individuals were in the case files sitting on his desk. Mr. Arsenyan then stated that there were over fifty people present at the trial of Smbat Ayvazyan but that the prosecution's charges were based solely on the "subjective testimony" of the court bailiffs. He then motioned the court for an adjournment so that he could present the court with a written motion to have certain other witnesses subpoenaed to testify. Judge Gagik Poghosyan overturned the motion to call in other witnesses, arguing that it was impossible "to establish the incident in question objectively". The judge then adjourned the trial till May 14 upon the request of Prosecutor Charkhifalakyan in order to prepare his indictment oration.

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