Advocates in Nalchik attack case challenge the court but fail

Today, at the regular session of the Supreme Court of Kabardino-Balkaria considering the criminal case dealing with the attack on Nalchik on October 13, 2005, a dispute burst out between accusers and defenders in the course of interrogating a witness about the procedure of announcing witnesses' evidences in the course of preliminary investigation.

Before the defence started interrogating the witness, the accusation party put forward a petition asking to announce this witness' evidences and stating that his evidences given at the preliminary investigation and at the judicial session were essentially different: thus, he failed to list completely the firearms detected on the bodies and name precisely other essential details of the case.

The defence has objected by suggesting first to finish interrogating the witness, and then to pass over to announcing his evidences, as it is prescribed by the Code of Criminal Procedure (CCP). The court, after advisement in situ, has satisfied the accusation's petition.

When the accusation was interrogating the witness, another dispute burst out in the courtroom. The defence advocates and defendants protested against the accusation's actual prompting answers to the witness; therefore, his further evidences at interrogation by the defence became senseless.

"Your honour, I seldom get into polemics, but what happens now is beyond any rules. The accusation is in fact preparing the witness for interrogation by the defence," said advocate Lyusya Shorova.

After a break, advocates challenged the court chairwoman. The challenge was supported by all the advocates and defendants except for 9 persons.

The court has not accepted the challenge saying that the CCP does not stipulate that evidences cannot be disclosed prior to the end of interrogating a witness.