Vitaliy Rusakov, the head of the surgical department at the Odrex clinic, accused of improper performance of professional duties that could have led to the death of businessman Adnan Kivan, is increasingly using the trial not to defend himself against the substance of the charges, but as a platform, apparently attempting to exert pressure on the prosecution and the court, UNN reports.
The Kyivskyi District Court of Odesa, where the case against Odrex doctors Vitaliy Rusakov and Maryna Belotserkovska, accused of medical negligence, was transferred, has begun a preparatory hearing. Due to the defense's attempts to stall the trial, the preparatory hearing has stretched over several sessions. To two of them, Rusakov brought a group of activists who behaved quite defiantly.
On the eve of the hearings, the accused Odrex doctor openly sought supporters through his social media, calling on activists to attend his trial.
About a dozen people were in the courtroom, whom Rusakov tried to use as a screen during his speeches in court. In particular, while explaining to the court why he had systematically violated the ban on medical practice at the Odrex clinic since April, which was in effect until May 22, the doctor stated that the people who came to the hearing were his patients and those planning to be treated by him. Rusakov tried to use this same explanation as a counter-argument as to why he should not be further prohibited from performing surgeries.
In this way, the accused attempted to substitute the issues of the criminal proceedings and the evaluation of evidence with emotional arguments about his indispensability.
Regarding the "free observers" present in the courtroom, they actively tried to pressure the prosecution during breaks in the sessions, provoking arguments. Attention is drawn to the fact that Rusakov's support group was clearly well-instructed, as in disputes with prosecutors they used narratives that the accused surgeon regularly voices in his videos.
Rusakov systematically publishes fragments of court hearings on social media, presenting them in the form of short clips with his own commentary. In these videos, he tries to create an impression of the prosecution's incompetence and the groundlessness of the case against him. The disputes between Rusakov's support group and the prosecutors were no exception. The video was edited by the accused in a way to discredit the prosecution as much as possible.
"Instead of considering the case on its merits and examining the evidence, the prosecution came up with yet more groundless restrictions on my right to treat people,"
He also stated that the court's decision on partial suspension from certain positions allegedly deprived many patients of help.
In a subsequent post, Rusakov informed his followers that for two months he cannot work as the head of surgical department No. 2, a surgeon, and an endoscopist at Odrex, and called on patients to react to this court decision at their own discretion.
Obviously, such statements should be regarded as an attempt to create the appearance of public pressure on the court and prosecutors by involving alleged patients and supporters of the doctor in a public campaign. Usually, the defense resorts to such manipulations when legal arguments are exhausted and the case is failing.
He also called the expert examination, which became one of the pieces of evidence in the case, "falsified" and announced the publication of new video materials.
At the same time, the issue of evaluating evidence, expert conclusions, and the arguments of the parties belongs exclusively to the competence of the court, which must determine whether the guilt of the accused is proven. It is worth recalling here that the defense demanded the transfer of the case from the Prymorskyi to the Kyivskyi District Court of Odesa precisely at the stage of expert interrogation. Therefore, the arguments of the accused Rusakov look manipulative.
The impression is created that the court has turned into a platform for self-promotion for the surgeon. Instead of refuting the charges with evidence, he is trying to influence public opinion, discredit prosecutors, and create pressure around the process.
As a reminder
On June 12, the Kyivskyi District Court of Odesa selected preventive measures in the form of a personal recognizance until August 12 inclusive for the doctors of the Odesa private clinic Odrex, Vitaliy Rusakov and Maryna Belotserkovska, who are accused of improper performance of professional duties by a medical worker, which could have caused serious consequences for the patient and led to the death of businessman Adnan Kivan. The court also suspended Rusakov from his position at LLC "Medical House 'Odrex'".