Opinion piece
The so-called Aivars Lembergs criminal case has been in review by Riga Regional Court for more than a year. Among the accused are ex-Mayor of Ventspils Aivars Lembergs, his son Anrijs Lembergs and once business partner Ansis Sormulis.
The court hearing of Monday, the 27th of March was organised, like many previous ones, using a video conference call. However, at the very start the usual trial process was interrupted by Aivars Lembergs. He asked the judge to cancel the court hearing that was unexpectedly scheduled for the 11th of April. The reason: it would interfere with his family already paid for Easter holiday trip.
The court, after consulting with the prosecution and defence about schedule, happily postponed this hearing to the 21st of April, perhaps partially because the prosecutor dared to attack Lembergs, asking why deputies, unlike him, are allowed to travel around during work time. The prosecution made it clear again that the honoured court would not allow any liberties, stressing that everyone involved «must know their place»…
This is not as a significant compromise as the one Lembergs received in February 2022, when a court of appeal instance permitted releasing him from under arrest on bail for EUR 100 000. On top of that, this decision was made by judges for whom the accused had submitted a rejection at the very start of proceedings!
At the time, Lembergs explained his decision by saying that then the Minister of Justice Jānis Bordāns’ enormous influence over Latvian judges. The court rejected his rejection as completely unjustified.
In March 2022 Lembergs was allowed to travel to Munich to undergo medical treatment.
If the politician updates his social network profiles with photos and videos taken abroad after the Easter holiday, there is no reason for residents to worry: the security measures imposed on Lembergs do not allow him to leave the country.
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Such comfort provided by Riga Regional Court is not the only indication that the judicial power in Latvia and other law enforcers are still afraid from the politically influential man and his possible financial ability to afford legal and other services for his protection.
A different example is the delicate response from the Corruption Prevention and Combating Bureau (KNAB) to the anonymous political promotion campaign and printed materials that were released prior to the last municipal elections and contained attacks on political opponents of the For Latvian and Ventspils political party.
As BNN was told by Ventspils City Council opposition member Ģirts Valdis Kristovskis, such care from KNAB towards Aivars Lembergs and his party goes far into the bureau’s unpleasant memories about the past, when the possible heads of this institution were directly brought to Ventspils for selection.
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Perhaps it is good that this process, unlike the agitation over the trial in the court of first instance, is going into obscurity. Latvian judicial power already has weak reputation. This could help protect it from another shock. Hearings that go at a snail’s pace can positively infuriate society. Especially when you take into account the plan by Aivars Lembergs’ defence to spread debate talks over 15 separate court hearings.
It is possible that the objective of this long debate tactic is distancing their clients from the moment of the reading of the final verdict, which may or may not come into force and which will likely include a lengthy prison sentence.
Until that happens, their clients can enjoy the freedom bought with money. In Lembergs’ case, he can continue «serving the public».
The people who praise this Ventspils politician, after hearing what their idol has to say, are confident the charges against him «were fabricated, came from nowhere, etc.», and that the court «blindly follows the prosecution». The main argument used by the defence in this trial: the verdict is nothing more than «copy/paste» of the prosecutor’s words!
The debate floor is currently taken by Lembergs’ lawyer Irina Kauke, and everything she has said so far follows the same monotonous direction:
«Aivars Lembergs could not take away shares/extort a bribe/enforce a debt, because – as chairman of Ventspils City Council and not an official of a company in question – he had no authority/opportunities to do that. This is why what is listed in the verdict is untrue and should be cancelled.»
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It is carefully calculated that the verdict of the court of appeal instance «might be announced this year». A total of 88 court hearings are scheduled to be held. The trial is set to continue until the 22nd of March 2023. As BNN was told by the regional court, 57 of those hearings have been held so far. This week it is scheduled to hold three hearings – on the 27th (already happened), the 29th and 30th.
Certain hearings were cancelled for justifiable reasons. These include sudden illness of parties involved, funeral of Sormulis’ father, the absence of witness Jūlijs Krūmiņš, etc. Five hearings were cancelled due to the reserve judge being busy on those dates. Some of the hearings lasted only half of the time they were scheduled to last. The main reason was because some of the judges involved in the Lembergs criminal case had to attend other hearings.
There was a short break in the schedule between the 7th of July and the 18th of August last year. At the 30th of August hearing it was announced that the process would continue on the 30th of November. This is also when court debates were scheduled to commence.
The prosecution and defence were thereby given previously requested three-month period to prepare.
The prosecution read the debates speech in two and a half months. Aivars Lembergs’ lawyers, on the other hand, requested at least 15 hearings. The defence commenced its debate speech on the 20th of February. On the 27th of March, however, Aivars Lembergs, asking the court to provide a weekend break, claimed his lawyers will conclude their debate speeches in April. He promised to not take months with his final words.
However, it is also important to keep in mind that Anrijs Lembergs’ and Ansis Sormulis’ lawyers will want to speak their piece as well!
The general impression from all this is that parties involved in the process consider it nothing more than a formal ritual, one that needs to happen, so that they can submit the case to a court of third instance. But what if the court announces a completely sensational verdict? It would be appealed immediately.
Perhaps the judges see their main – perhaps their only – objective is strict compliance with the trial procedure. They are aware that their colleagues in the Supreme Court will likely look at the work of their lower-level colleagues when they will be inevitably viewing this criminal case in the final instance.
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As previously reported, Riga Regional Court – similarly to the court of first instance – sentenced Aivars Lembergs to five years in prison on the 22nd of February 2021. The court also sentenced him to confiscation of property and a fine of EUR 20 000. This prison sentence includes the period of time Aivars Lembergs previously spent under house arrest between March 2007 and February 2008.
Previously the court of law ruled that Lembergs is to pay victims approximately EUR 64 000. It was also decided to enforce from him procedural expenses of EUR 22 180 – for state-provided legal aid.
Lembergs was arrested in the courtroom after the announcement of the verdict. After spending almost a year in prison, he was released on bail for EUR 100 000 in February 2022.
Lembergs was found guilty in 19 sections of criminal charges presented to him. He was acquitted in 21 sections. He was declared guilty of bribery, document forging, money laundering, service fraud, participation in illegal monetary deals, as well as stating untrue information in income declarations. He was declared not guilty of abuse of power and violation of restrictions imposed on state official.
Anrijs Lembergs was sentenced to two years and one month in prison and confiscation of property. He was declared guilty of money laundering and supporting participation in prohibited monetary deals. Sormulis was sentenced to two years in prison and confiscation of property. He was declared guilty of supporting bribery, money laundering and participation in prohibited monetary deals.
The viewing is this case started by a court of first instance in 2009.
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Now Lembergs is involved in two more lawsuits.
One revolves around a dispute with the Saeima and the Cabinet of Ministers regarding compensation of moral damages, specifically when the Constitutional Court called the regulation that prohibits prison inmates from voting in municipal elections as non-compliant with the Constitution.
The Prison Administration has already apologized to Lembergs in writing for denying him the right to participate in municipal elections. Riga City Court rejected Lembergs’ request in mid-February. Lembergs then submitted an appeal. Whether Riga Regional Court accepts it will become known in April.
Also read: Convicted ex-mayor of Ventspils continues posing as persecuted opposition member