The trial in the case of medical negligence by Odrex doctors increasingly resembles an endless series of postponements. In September, the Kyiv District Court of Odesa was unable to hold 7 of the 13 scheduled hearings, while in October 9 of the 12 hearings did not take place by October 22. Meanwhile, the risk of the statute of limitations expiring is growing in the case, UNN writes.
The Kyiv District Court of Odesa is hearing the case concerning medical negligence by doctors Vitalii Rusakov and Maryna Bielotserkovska. They are accused under Part 1 of Article 140 of the Criminal Code of Ukraine—improper performance of professional duties by a medical worker that caused serious consequences for a patient.
The case concerns the death of Odesa businessman Adnan Kivan, who died on October 27, 2024, while undergoing treatment at the Odrex clinic. According to the investigation, the accused doctors may have failed to provide appropriate treatment for postoperative complications, which may have contributed to the development of sepsis and the patient's death. The accused deny their guilt.
The trial is accompanied by numerous motions from the defense. The lawyers for the accused have repeatedly raised the issue of changing jurisdiction, challenged judges, and asked for hearings to be postponed. Experts interviewed by UNN say that such procedural tools may be used not only to exercise the right to defense, but also to delay the trial.
For example, in September, Vitalii Rusakov's lawyers failed to appear in court twice in a row, citing their involvement in other court proceedings. Presiding Judge Viktor Chaplytskyi deemed the reasons for their absence unjustified and notified the Qualification and Disciplinary Commission of the Bar.
The situation did not change in October. The hearings on October 9 and 13 did not take place because of motions filed by Maryna Bielotserkovska's lawyer, while starting on October 14, Vitalii Rusakov's sick leave became the reason for the postponements. As a result, the court was unable to hold eight hearings in a row.
At the same time, being on sick leave does not always make it impossible for an accused person to participate in court proceedings. Article 336 of the Criminal Procedure Code of Ukraine provides for the possibility of holding hearings by videoconference, including from home or a medical facility, if the person's health permits them to participate fully in the proceedings. At the same time, the court must assess not only the fact that the accused is on sick leave, but also the possibility of their participation in the hearing.
"Being on sick leave does not automatically mean that a person is unable to participate in court proceedings. The court must establish whether the illness actually prevents the person from participating in the hearing, assess the validity of the medical documents, and ensure a balance between the accused's right to defense and the need to consider the criminal proceedings within a reasonable time," Anastasiia Lytvyn, a lawyer at the Prikhodko & Partners law firm, explained to UNN.
Let us remind you
Retired judge of the Higher Administrative Court of Ukraine Oleksandr Sytnykov emphasized that even appealing to disciplinary bodies because of the conduct of participants in proceedings does not release the presiding judge from the duty to respond to further delays.
"When it comes to criminal proceedings in which the statute of limitations may expire because of regular postponements of hearings, the judge must take all procedural measures provided by law to ensure that the case is properly heard," Sytnykov explained.