Recusals, postponements, and pressure: what is happening in the case of the Odrex clinic doctors accused of medical negligence
Kyiv • UNN
Odrex doctors are accused of medical negligence that may have led to the death of businessman Adnan Kivan. The defense is dragging out the case through recusals and postponements to allow the statute of limitations to expire.
The trial in the criminal proceedings against doctors of the Odesa private clinic Odrex, Vitaliy Rusakov and Maryna Belotserkovska, who are accused of improper performance of professional duties that could have caused grave consequences, in particular leading to the death of businessman Adnan Kivan, continues to be accompanied by attempts to delay the process by the defense. Already on Thursday, June 18, the Kyivskyi District Court of Odesa will attempt to continue the preparatory hearing, which will decide the issue of scheduling the trial on the merits, UNN reports.
Adnan Kivan was undergoing treatment at the Odrex clinic. As UNN previously reported, surgeon Vitaliy Rusakov likely failed to prescribe antibiotics to the patient after surgery, which contributed to the development of sepsis. Furthermore, the doctors did not respond to the infection in time; on the contrary, on the day of the patient's death, they assured his relatives that he did not have sepsis. The patient died in the hospital. Later, Rusakov tried to convince the court that he was not Adnan Kivan's assigned physician.
What is happening in court?
Since the beginning of the criminal proceedings, the doctors' lawyers have repeatedly used procedural mechanisms that led to the postponement of hearings and the delay of the trial on the merits. The case of the accused doctors was initially heard by the Prymorskyi District Court of Odesa, and during the sessions, the defense attempted to challenge both the judge and the prosecutor, which led to delays. When the court was supposed to proceed to one of the key stages in the case—the examination of medical evidence and hearing an oncology expert—the defense, apparently realizing the case was a losing one, initiated its transfer to another court.
After the case was transferred to the Kyivskyi District Court of Odesa, the hearings had to start from the very beginning. However, the process got stuck at the preparatory hearing stage. Yulia Duz, the defense attorney for the accused Maryna Belotserkovska, filed a motion to postpone the court session due to an alleged sick leave. Notably, she had filed a similar motion at the previous session as well. The court was forced to postpone the hearing twice. Later, the defense continued to delay the process with motions to recuse the prosecutor and the judge, which also forced a break in the hearings.
At the last hearing, which took place on June 12, the court chose preventive measures in the form of personal recognizance for the accused and also suspended Vitaliy Rusakov from his positions as head of the surgical department, surgeon, and endoscopist at the Odrex clinic.
Closing the case due to the statute of limitations
Experts interviewed by UNN point out that when the defense lacks sufficient evidence to prove their clients' innocence, lawyers often resort to the tactic of delaying the trial. In cases with short statutes of limitations, such deliberate abuse of procedural rights by lawyers leads to the criminal proceedings being closed due to the expiration of the limitation period. That is, the accused cannot be held criminally liable even if they are guilty, because while the case was being heard, the prosecution period expired.
Denys Neviadomskyi, President of the All-Ukrainian Association of Retired Judges, believes that the court must carefully evaluate the actions of the trial participants and react in cases where procedural rights may be used not for defense, but to delay the consideration of the case.
Everything that delays the consideration of the case affects the expiration of the statute of limitations. The court must respond to the abuse of procedural rights by the participants in the process
According to him, the line between the bona fide use of procedural mechanisms and their abuse is often very thin.
With skillful work by lawyers, the line between the bona fide use of procedural rights and the abuse of these rights is very thin
Sviatoslav Bolinskyi, CEO of the law firm "Bolinskyi and Team", also draws attention to the fact that numerous procedural actions can have a direct impact on the timing of the case. The lawyer does not rule out that a series of such procedural steps may be part of the strategy chosen by the defense.
Procedural steps in the form of constant postponements, changes in the composition of the court, etc., can lead to the expiration of the statute of limitations with corresponding consequences, where the person is released from criminal liability
A staged performance
At the same time, the behavior of one of the accused doctors, Vitaliy Rusakov, attracts attention. He regularly brings a group of his supporters to the hearings, whom he calls patients or people who allegedly plan to be treated by him. In the courtroom, these individuals engage in arguments with representatives of the prosecution and create additional pressure around the process.
In parallel, Rusakov actively covers the progress of the case on social media, publishing fragments of court sessions and his own comments, in which he tries to question the validity of the charges and the competence of the prosecutors. In particular, during the consideration of the issue of his suspension from medical practice and duties as head of the surgical department, he appealed to the presence in court of people who, according to him, need his help as a doctor. He even told the judge that if his patients do not receive medical care, it will remain on the judge's conscience, which can clearly be considered an attempt to pressure the court.
The next court hearing, scheduled for June 18, could be decisive for the entire case. After numerous postponements, recusals, and other procedural maneuvers, the court must decide whether the proceedings will finally move to a trial on the merits. In addition, the order for examining evidence and questioning witnesses for the parties in the case will be determined. At the same time, every new postponement brings closer the moment when the case risks facing the problem of the statute of limitations expiring, and society will never receive an answer to the main question—whether Adnan Kivan's death was the result of medical negligence and whether the guilty will be punished. That is why not only the fate of a specific criminal proceeding but also trust in the principle of the inevitability of responsibility in cases involving human life depends on the court's decision and its ability to ensure the consideration of the case without further artificial obstacles.
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