The Riga Regional Court had no reason to change the security measure to Aivars Lembergs, the ex-mayor of port city Ventspils, who is a defendant, charged with large-scale corrupt dealings, said prosecutors in the case.
Prosecutors Aivis Zalužinskis and Juris Juriss talked to the BNN news portal about the Tuesday, February 22, decision by the court to offer releasing the defendant in the appeal instance case from detention, where Lembergs has spent a year as a measure of security to keep him from hampering the trial, on a bail of EUR 100 000.
Juriss said: «I’m perplexed over such a small bail – if another forced procedural measure is under discussion, which, to our mind, was unsubstantiated. The disproportionately small sum creates absolute unclarity, if you compare it to the crimes found in the first instance trial and the damaging effects they have caused. It seems like [the defendant] can «buy himself out» for bail as its size is in no way correlated with the crimes and the damaging effects they have caused.»
«It’s like a burglar steals a million from a bank and now to keep him from committing another crime during court proceedings, a bail of one-hundredth is required from him,» the prosecutor illustrated.
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Prosecutor Zalužinskis also agreed that the bail was too small. He emphasised that the material situation of the person, the circumstances of the crime and the sums involved in it should be taken into account.
«The fact of legalisation, which has been incriminated to defendant Lembergs, is alone about legalising several million euros. How can one speak about 100 000?»
Zalužinskis also pointed out that the amount of the bail was disproportionate to the charges and with Lembergs’ personality, namely the earlier disruptive actions in the criminal proceedings found by the court of first instance, which were the reason, why the strictest security measure was applied to him directly after the announcement of the verdict.
The prosecutor said that the reason for the court’s decision to change the security measure had been the deterioration of Lembergs’ health. «Of course, my opinion is quite the opposite. The mere fact that the accused and some of his doctors say so and point to certain necessary procedures does not justify such a decision by the court.»
«The court does have to obtain a finding that further detention of the defendant is not possible in view of his poor health.»
«I haven’t seen such an impossibility from the side of the defendant and such a report was not read in the court room.»
«In my opinion, if a person is currently in a detention facility, its hospital, the doctors, the staff also appoint their own councils to assess the state of health of each individual detainee. I have not seen the conclusion of such doctors, an opinion stating that his condition is such that his stay in the detention facility would not be possible.»
«Nor have I seen a report that Lembergs could’t be provided with the necessary health care in prison. The fact that the accused wants the procedures of many more different health specialists, which is definitely what the absolute majority of Central Prison’s inmates want, is not a reason for changing the security measure. This is understandable, but it’s not a reason for changing the security measure,» the prosecutor stressed.
Zalužinskis added that he had not read the full ruling by the court.
He also noted that the ruling cannot be appealed against. The only option is to re-initiate changing the security measure to a stricter one, if it is established that the defendant will at some point violate the respective security measures.
Reportedly, the Riga District Court ruled this week to satisfy the request of the lawyer of Aivars Lembergs, the ex-mayor of port city Ventspils, who is the defendant charged with corrupt dealings, to change his security measure – detention – on the bail of EUR 100 000.
The court made the decision on Tuesday, February 22, when the notorious politician had spent a year behind bars.
Now, in a month’s time, Lembergs or another person will have to pay the security deposit within one month. If the security deposit is paid, Lembergs will also be barred from holding the position of the Mayor of Ventspils.
«It’s like demanding one-hundredth of loot.» Prosecutors perplexed over small bail to Latvian ex-Mayor
