Delays once again: how the next court hearings in the Odrex doctors’ case did (not) take place
Kyiv • UNN
The court deemed the reasons for Rusakov’s lawyers’ absence unjustified and plans to обратиться to the disciplinary commission
At the Kyivskyi District Court of Odesa, the trial in the case against Odrex clinic doctors Vitaliy Rusakov and Maryna Bielotserkovska was due to continue on September 10 and 11. They are accused of medical negligence which, according to the investigation, could have caused the death of businessman Adnan Kivan. However, the hearings did not take place, UNN writes.
The lawyers for the accused, Vitaliy Rusakov, filed a motion to postpone the hearings scheduled for September 10 and 11, as they were due to participate in other court hearings scheduled for the same dates.
The judge found the reasons for the postponement unjustified and said that he would send a ruling to the Bar's Qualification and Disciplinary Commission seeking disciplinary action against the doctor's defense lawyers.
However, the court hearings did not take place. The next hearing in the case is scheduled for September 16.
逃避司法：Odrex 医生案件的审理如何被拖延，以及是否正在准备新的陷阱10.09.26, 13:12 • 53569 views
We remind you that during the September 10 hearing, the court was to hear the objections of Bielotserkovska's defense to the prosecution's evidence. At previous hearings, Rusakov's defense had already presented its arguments.
The court is currently at one of the key stages of the proceedings – examination of the evidence. During this stage, the court must assess the medical records, conclusions of forensic medical examinations, clinical protocols, and other materials on which the prosecution's case is based. The court will subsequently hear the conclusions of an independent medical expert.
Rusakov and Bielotserkovska are accused under Part 1 of Article 140 of the Criminal Code of Ukraine – improper performance of professional duties by medical workers. According to the investigation, after the operation the medical workers may have failed to prescribe Adnan Kivan the necessary antibacterial therapy and may have responded inadequately to postoperative complications. According to the conclusions of the forensic medical examination, this could have led to the development of sepsis and the patient's death. The accused do not admit their guilt.
The actions of the defense and the time factor in the case involving Odrex doctors
The trial has already been accompanied for many months by numerous attempts to delay the proceedings; in particular, hearings did not take place because lawyers failed to appear, and were repeatedly postponed due to procedural motions by the defense. The defendants' lawyers also заявляли challenges to judges, initiated a change of jurisdiction, and petitioned for the indictment to be returned to the prosecutor. As a result, after the proceedings were transferred from the Prymorskyi to the Kyivskyi District Court of Odesa, the preparatory proceedings had to be conducted again, and when the court finally began considering the case on its merits, the defense lawyers began ignoring the hearings.
Doctor Rusakov is also actively putting pressure on the judge, in particular by publishing memes featuring his photograph. And when the court extended his suspension from his position at the Odrex clinic so that he could not communicate with witnesses, Rusakov appealed to his patients, urging them to complain to the High Council of Justice because they were unable to see him for appointments. Large numbers of identical complaints can create psychological pressure on a judge, even if they subsequently prove unfounded. In such a situation, the judge is forced to spend time explaining and responding to each complaint.
The lawyers interviewed by UNN did not rule out that the totality of such procedural actions could be a defense strategy aimed at having the case closed because the statute of limitations expires. In particular, Denys Neviadomskyi, president of the All-Ukrainian Association of Retired Judges, emphasized that every unjustified postponement of a trial brings the criminal proceedings closer to being closed on the grounds that the statute of limitations has expired, which would make it impossible to establish justice in the case concerning Adnan Kivan's death.
The time factor plays a significant role in this case. Since Adnan Kivan died at the end of October 2024, and the charges were brought under Part 1 of Article 140 of the Criminal Code of Ukraine, the three-year statute of limitations provided for such cases will expire in the autumn of 2027. By that time, the judgment must not only have been issued by the court of first instance but must also have become legally binding.
Thus, the defense’s constant procedural "maneuvers" may raise the question of whether a fair court decision will be delivered or whether the case will be closed once the prescribed time limits have expired.