The Odrex doctors' case has been unable to proceed to a hearing on the merits for over a month; the defender's sick leave has once again postponed the preparatory hearing
Kyiv • UNN
The Kyiv District Court of Odesa has once again postponed the preparatory hearing in the case of Odrex doctors Vitalii Rusakov and Maryna Bielotserkovska. The reason was the extension of Bielotserkovska's defender's sick leave. The next hearing is scheduled for July 1.
The Kyiv District Court of Odesa has once again postponed the preparatory hearing in the criminal case against doctors of the private clinic Odrex, Vitalii Rusakov and Maryna Bielotserkovska, for improper performance of professional duties by a medical worker. The reason, for the second time, was the absence of Maryna Bielotserkovska's defense lawyer due to sick leave. The next court hearing is scheduled for July 1, reports UNN.
At the beginning of the hearing, it became known that Maryna Bielotserkovska's defense lawyer, Yuliia Duz, submitted a motion through the court registry to postpone the case hearing due to the continuation of temporary incapacity for work and provided a corresponding medical certificate.
As presiding judge Viktor Chaplytskyi noted, the lawyer's previous sick leave ended on June 23, but the court only learned of its extension until June 30 on the day of the hearing.
"We also found out today that she extended her sick leave. The previous sick leave ended on the 23rd (of June - ed.). Today she submits that she has extended it," said Judge Chaplytskyi.
The judge also noted the possibility of the defense lawyer participating in the hearing via video conference and called for the court to be notified in advance of circumstances preventing her participation. After this, Judge Chaplytskyi asked the accused Maryna Bielotserkovska whether she was ready to participate in the preparatory hearing without her defense lawyer.
"Under no circumstances. Only with my defense lawyer," the accused replied.
Thus, the Kyiv District Court of Odesa has been unable to hold a preparatory hearing in the case of the Odrex clinic doctors for over a month. It should be noted that it is at this stage that the court must decide on scheduling the indictment for a trial on the merits, as well as determine the procedure for examining evidence and questioning witnesses.
The repeated postponement of the hearing reinforces doubts about a possible delay in the judicial process. As lawyers previously noted in comments to UNN, in criminal proceedings with relatively short statutes of limitations, such procedural tactics are often used by the defense to maximize the postponement of the case hearing.
Recall
Businessman and philanthropist Adnan Kivan was undergoing treatment at the Odrex clinic and died at the medical facility. Doctors Vitalii Rusakov and Maryna Bielotserkovska, who were responsible for his treatment, are accused under Part 1 of Article 140 of the Criminal Code of Ukraine – improper performance of professional duties by a medical worker.
According to the investigation, after the surgery, the doctors allegedly did not prescribe antibacterial therapy for the patient, which could have contributed to the development of sepsis. In addition, according to the prosecution, the medical staff may have failed to respond in a timely manner to the development of the infection, and on the day of the patient's death, they informed his family that there was no sepsis. At the same time, one of the accused, Vitalii Rusakov, stated during the trial that he was not the attending physician of Adnan Kivan, but later changed his testimony.