
MP Hayrapetyan's Lawyer Claims Verbal Abuse Not "Public"
The court case pitting Hetq reporter Grisha Balasanyan against MP Ruben Hayrapetyan continued today at the Avan and Nor Nork Administrative Court. Balasanyan is suing the MP for slanderous remarks made during a phone conversation.
Hayrapetyan’s lawyer, Gevorg Gevorgyan, used the opportunity in an attempt to turn the tables on Balasanyan, arguing that the reporter’s suit was another attempt to smear the good name of his client, rather than the pursuit of justice.
Hayrapetyan’s lawyer, Gevorg Gevorgyan, today argued that the MP wasn’t liable given that his remarks weren’t of a "public nature", citing Article 19 of the RA Civil Code. Phone conversations, Gevorgyan claimed, are private, not public.
The attorney added that according to the RA Constitution, individuals cannot be held accountable for acts not legally defined.
Gevorgyan also made a case that Balasanyan had abused the law himself by not notifying the MP that their conversation was being recorded. This, he said, was an invasion of privacy.
All this, according to the attorney, could be viewed as a natural reason why MP Hayrapetyan lost his cool and thus verbally abused the reporter.
Gevorgyan did argue that the recording could not be submitted to the court as evidence given that it was obtained through illegal channels.
The journalist should have immediately contacted law enforcement, argued Gevorgyan, and not published a news article of the incident in that day’s edition of Hetq.
Balasanyan’s defense lawyer Vahe Grigoryan retorted that this factor has no legal significance in the case.
Gevorg Gevorgyan also preferred not to comment on why MP Hayrapetyan continued to curse at the reporter during their second phone conversation immediately afterwards even though he knew it was being taped.
Grigoryan stated that not only was the defense refusing to answer certain questions but was also implying that the recording presented somehow had been altered or tampered with. He said the prosecution was left with no choice but to prove that the recording represented the actual words exchanged during the phone conversation.
Vahe Grigoryan asked the court for a one week recess to collect further evidence and testimony. The next session is scheduled for May 12.
P.S. At the start of today’s session Judge Aida Davtyan called on the two sides to find areas of compromise. MP Hayrapetyan’s legal team did not respond, arguing that the plaintiff had made no such offer. Balasanyan’s lawyer Vahe Grigoryan noted that it was up to the defendant to make such an offer.
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