Corruption accused ex-mayor of Ventspils submits new complaint

On 2 February Riga Regional Court rejected the complaint submitted by corruption-accused ex-mayor of Ventspils Aivars Lembergs, who complained about the composition of the court to review his case again.
The court also rejected the request for the removal of one of the judges submitted of a victim of the criminal case, entrepreneur Ainārs Gulbis.
On Wednesday, 2 February, the court of law announced that both of the aforementioned requests are unjustified.
The decision is not subject to appeal.
On Tuesday, 1 February, Riga Regional Court started reviewing Lembergs’ criminal case. It was during this hearing Lembergs submitted the request for a change in the composition of the court.
Lembergs explained his request by saying that his fierce political opponent, Minister of Justice Jānis Bordāns made statements to the press in May 2021 from which it can be concluded that Lembergs is guilty of the crimes he is accused of and that the court of first instance put him under arrest for a good reason.
Lembergs argued that with this statement Bordāns had known in advance what verdict the court would make and had taken part in its preparation and choice of security measure. Lembergs added that as minister, Bordāns, has ways of influencing judges’ career, mentioning in particular the ‘head-spinning career speed’ of judge Irīna Jansone, who was one of the judges who announced the verdict in Lembergs’ criminal case last year.
Lembergs said the composition of Riga Regional Court, as dependent on Bordāns’ in many ways, cannot review this case objectively, will not lift the arrest and will not consider a not guilty verdict.
The court explained its decision to reject Lembergs’ request by saying that a smart person looking at the process from the side should have no doubts about the judges’ objectivity. Additionally, the assumption that the minister has tools at his disposal that could influence the careers of judges, making them dependent on the minister, is also wrong.
The regional court also reported that the short verdict of the court of first instance was announced publicly on 22 February 2021 and the minister’s statements to the press are based on his subjective opinion about the verdict.
«There is no reason to believe the minister had any hand in the preparation of the full verdict and the motives behind it,» the court explained on Wednesday.
One of the victims in the criminal case – Ainārs Gulbis – also submitted a request to replace one of the judges presiding over the case – Sandra Amola. The entrepreneur explained that in 2006, then the chairperson of Riga City Ziemeļu District Court, Amola made the decision when reviewing Lembergs’ complaint about the ruling made by the investigative judge.
As for the rejection of Gulbis’ request, the regional court explained on 2 February that Amola made a decision of organisational nature and she did not voice any opinions about any of the actual conditions of the case.
BNN had previously reported that Lembergs’ defence had submitted multiple complaints about the composition of the court during the review of the case by the court of first instance.
On 22 February 2021 Riga Regional Court sentenced Aivars Lembergs to five-year prison sentence, confiscation of property and a fine of EUR 20 000.
Lembers was put under arrest in the courtroom immediately after the reading of the verdict.
However, Lembergs has appealed the verdict.
According to the Criminal Procedure Law, if a court of appeal instance receives a request to lift or amend a security measure, an investigating judge shall examine a complaint in a written procedure within three working days. If necessary, the judge shall request court materials, and explanations of the person directing the proceedings or the submitter of the complaint. Such an appeal is allowed to be submitted only if the accused suffers from health or family problems that may be considered a valid reason to lift of amend the security measure and as long as there are documents proving the condition.
The court decided to add to Lembergs’ sentence the period of time he spent under house arrest between 2007 and 2008.
The court also ruled Lembergs is to pay victims in the criminal case compensation of approximately EUR 64 000. The court also decided to enforce from Lembergs legal costs of EUR 22 180 for services provided by the state-appointed lawyer.
Lembergs was found guilty in 19 episodes and not guilty in 21 episodes.
Lembergs was found guilty of bribery, document forgery, money laundering, service forgery, illegal participation in property deals, as well as reporting false information in income declarations.
He was found not guilty of abuse of official power and violations of restrictions imposed for state officials.
Lembergs’ son Anrijs Lembergs was sentenced to two years and one month in prison, as well as confiscation of property. He was declared guilty of money laundering and supporting participation in prohibited monetary deals.
Lembergs’ one-time business partner Ansis Sormulis was sentenced to two years in prison, as well as confiscation of property.
Sormulis was declared guilty of supporting money laundering, money laundering and supporting participation in prohibited monetary deals.
The court also decided to terminate the criminal process portion involving Ventspils businessman Jurijs Bespalovs’ criminal activities due to statute of limitations. Bespalovs passed away in 2012.
Riga Regional Court commenced the trial in 2009.
Lembergs also ran and was elected in this year’s municipal elections Ventspils. He was not prohibited from running in elections because the guilty verdict has not yet come to force.