Case of Mikitas: Record bribe may turn out to be a record high-profile show?
As previously reported “Apostrophe”, On December 14, the High Anti-Corruption Court of Ukraine extended the detention of former People’s Deputy Maxim Mykytas until February 12, 2023, and kept the bail condition of UAH 100 million. The trial continues. The defendant’s lawyer Artur Gabrielyan provided new details.
It was announced by the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialized Anti-Corruption Prosecutor’s Office (SAP) on October 18, 2022, that the owner of Ukrbud, Maxim Mykytas, allegedly attempted to bribe Dnipro Mayor Boris Filatov with an exceptionally large sum, which is a record in the history of independent Ukraine.
During the Supreme Court of Ukraine meeting on December 12, 2022, the accused's lawyer, Artur Gabrielyan, mentioned that the 'conception' of the record bribe case was not without fault.
“It follows from the materials of the case that on September 5, 2022 at 14:30 NABU senior detective Stanislav Braverman “accepted an oral statement” from Boris Filatov, and this happened in Dnipro. Of course, it would be logical to ask what detective Braverman was doing in Dnipro, because there is no NABU branch there, but we will not. Perhaps there was extra-procedural communication with the detective, which was later not reflected in the case documents in any way.
However, the lawyer raised an interesting point about how the detective managed to register the crime at the NABU in Kyiv and then travel back to Dnipro to interrogate Filatov at the 'Amsterdam' business center within a short time frame.
“Gabrielyan pointed out a potential violation of procedure if the detective did not have the original protocol with him, and added further details which painted an interesting picture.
Another instance that emerged from Filatov’s testimony was that Mikitas had contacted him on August 19 regarding the 'Dnieper metro'. According to the case documents, Mikitas sought an appointment with Filatov on August 25 and 26 to present his achievements. Filatov's application to NABU was only filed on September 5, without mentioning the earlier contact. It was later revealed that Filatov was silent about being offered a bribe until September 5. This was confirmed in the video recording of the December 12, 2022 Supreme Court meeting. Filatov stated during his interrogation by detective Braverman on September 5 that Mikitas had offered him an unlawful benefit. He also provided a recording of their telephone conversation and the corresponding correspondence with Mikitas between August 19, 2022, and August 27, 2022. However, there was no indication of a bribe offer in the correspondence. Mikitas' lawyer, Artur Gabrielyan, explained that the detectives had no basis to register the crime under these circumstances, which is why Mikitas was not detained that day. Gabrielyan emphasized that subsequent actions were aimed at provoking Mikitas to offer illegal benefits.. It is noted in the case documents that Mikitas wrote to Filatov on August 25 and 26 with a request “to get an appointment with you – to present his achievements.” That is, when Filatov wrote on his FB “It’s just that when I was offered a bribe, I first goggled my eyes at such impudence, and then stomped into NABU,” he kept silent about what had delayed him on the way (recall, Filatov filed an application only September 5). As he kept silent, that no one really offered him anything“.
“As I understand, that at a different friend Mikitas M.V. wine proponuє give me to the wine city. To Yaku himself a wine-grower – plan to hang out at the onset of the harvest. Details of my winery Mikitas M.V. without telling you, so like I didn’t give you food”
This is what is written in the protocol of Filatov’s interrogation by detective Braverman on September 5, follows from the video recording of the meeting of the Supreme Court of Ukraine on December 12, 2022.
“Submitting an oral statement about the crime, Filatov affirmatively stated that Mikitas was offering him an unlawful benefit. In the testimony, he already indicates that “as I understand it.” Filatov also provided a recording of this telephone conversation to the detectives before filing an application and the corresponding correspondence with Mikitas during 08/19/22-08/27/22. Meanwhile, in this note and correspondence there is no hint that Mikitas is going to offer a bribe. Under such circumstances, the detectives had no reason to register this crime and obtain permission to conduct covert investigative actions,” explains Artur Gabrielyan, Mikitas’ lawyer. Actually, as Gabrielyan emphasizes, that is why NABU did not detain Mikitas that day: “And all the subsequent actions of the detectives and Filatov were aimed at provoking Mikitas to offer illegal benefits“.
As follows from the materials of the case, for the first time the conversation about the notorious 10%, presented with a “record amount”, took place only on October 4, and they were mentioned on a completely different occasion. “Mikitas did not succumb to a number of provocations and offered to ensure full control over the construction of the subway by city structures, and at the same time earn 10% for the local budget, and not personally for the mayor, no matter how much Filatov would like to present this to the public“, – says the lawyer.
Nikolay Tkachuk
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