Kiev court denies Timoshenko examination by private doctor

KIEV, August 22 (Itar-Tass) — Judge of the Pechersky District Court of Kiev Rodion Kireyev on Monday again denied Ukrainian former Prime Minister Yulia Timoshenko’s request to call her personal physician to examine her.

“I have continued symptoms of an unknown illness,” Timoshenko told the court, adding that she does not trust those “medical professionals who attempted to examine her on the orders of the government.” “The medical council that Yanukovich called for me is forced examination,” the former prime minister said.

In turn, Kireyev noted that the court has already given permission to conduct medical examination of Timoshenko. “But you have refused to pass this examination,” the judge said. “You have even signed an act of refusal.”

Timoshenko noted that she had not signed any acts.

Earlier, the former prime minister who is held in the Lukyanovsky detention prison in Kiev refused to pass a medical examination by experts of the Ukrainian Ministry of Health. “In connection with defendant Timoshenko’s plea about the deterioration of her health the Pechersky District Court of Kiev granted the public prosecution’s request for a medical examination by experts of the Health Ministry,” the press service of the Ukrainian State Penitentiary Service reported.

Last Thursday, Timoshenko’s state of health deteriorated and she asked the court to admit her personal physician to her in the pre-trial detention centre. “I insist on admitting to me a doctor who I trust,” the former prime minister said. A medical commission comprising leading specialists of the Health Ministry, in particular, First Deputy Minister Raisa Moiseyenko and Dean of the Department of Medicine of the National Medical University, Professor Vasily Netyazhenko arrived at the detention centre.

Timoshenko refused to pass a medical examination, on which a related act was drawn up. The personal physician was not admitted to the to ex-prime minister.

Judge Kireyev earlier turned down appeals for releasing Timoshenko several times and refused to replace arrest with recognisance not to leave Kiev or to let her go on bail against guarantees of prominent scientists, cultural figures and the clergy, including representatives of the Ukrainian Orthodox Church, Ombudsman Nina Karpacheva and opposition MPs. The former prime minister has been held in an investigation prison since August 5. Kireyev also rejected lawyers’ request to drop the criminal charges against Timoshenko.

Her defence submitted a petition requesting that a new lawyer, Nikolai Sery, as well as her husband and daughter be allowed to participate in the hearings. The judge upheld the request and adjourned until August 10.

Foreign Minister Konstantin Grishchenko was questioned in court for about three hours. He believes that Timoshenko had no right to issue directives for talks between Naftogaz Ukrainy and Russia’s Gazprom without the consent of the government. “When it comes to vital needs and interests of the state, the prime minister cannot make decisions alone without collegiate approval as legislation requires,” Grishchenko said.

Timoshenko is facing charges of abuse of office while making gas agreements with Russia in 2009.

The prosecution has accused Timoshenko of acting in excess of his powers and giving directives for signing a gas contract with Russia in 2009 without the government’s consent. As a result, gas prices in Ukraine increased, but the tariff for transit, pegged to the price of gas, did not change, which caused damage to the budget in the amount of about 200 million US dollars.

The criminal case was opened against Timoshenko for the gas contracts in accordance with part 3 of Article 365 of the Ukrainian Criminal Code, which gives the maximum punishment of seven to ten years in prison. In this case Timoshenko will not be able to participate in the upcoming parliamentary elections in 2012 or the presidential election in 2015.

Three criminal cases have been opened against Timoshenko and she has given a written pledge not to leave Kiev. One concerns the use of part of proceeds from the sale of greenhouse gas quotas, which were intended for certain purposes, for financing national budget expenditures. A total of 380 million euros were misused.

Another criminal case concerns the purchase, against the government’s guarantees, and import into Ukraine of allegedly specialised Opel Combo ambulances. The damage from this transaction is estimated at 67 million hryvnas (over eight million US dollars).

Timoshenko has been charged with misuse of 380 million euros received by Ukraine under the Kyoto Protocol. She may face a prison term of five to ten years. She has been asked to give a written pledge not to leave the city. Timoshenko claims that the money was used to pay pensions.

On December 20, 2010, the Prosecutor General’s Office said that as prime minister Timoshenko, “acting deliberately and driven by her personal interests,” made the decision to “use a part of the proceeds from the sale of greenhouse emission quotas intended for stated purposes for financing Ukraine’s national budget expenses, primarily pension obligations.” According to the Prosecutor General’s Office, Timoshenko’s decision resulted in a loss of 960,000 hryvnas ($121,000) in the national budget. Timoshenko denied the misuse of the funds.


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