The defense considered the lack of a quorum in the Kambiev murder case to be a delay in the trial.
The Supreme Court of Kabardino-Balkaria was unable to assemble a three-member panel to review the murder case of judoka Aslan Kambiev. The court is awaiting the results of the appeal against the cassation court's ruling, the lawyer suggested.
As reported by "Caucasian Knot," the Supreme Court of Kabardino-Balkaria, which acquitted defendant Ruslan Kudayev and recognized his right to rehabilitation in the case of the murder of athlete Aslan Kambiev, ignored witness testimony, the widow of the deceased stated. The Fifth Cassation Court overturned the acquittal of Ruslan Kudayev in the case of the murder of Russian sambo and judo champion Aslan Kambiev and remanded the case to the Supreme Court of Kabardino-Balkaria for a new trial. The trial court committed numerous violations, the lawyer for the deceased's family pointed out.
On February 1, 2022, Aslan Kambiev, a multiple medalist and winner of the Russian and European judo and sambo championships, was shot during an argument on Lermontov Street in Nalchik. He died on March 8, 2022, at the Sklifosovsky Clinic in Moscow. On February 24, the Nalchik City Court found Ruslan Kudayev, a resident of the village of Psygansu, guilty of Kambiev's murder. Kudayev was found guilty under Article 108 of the Russian Criminal Code (murder committed in excess of necessary self-defense) and released from his sentence (one year and 10 months of restricted freedom) due to the expiration of the statute of limitations. The charge of illegally acquiring a firearm (Part 1 of Article 222 of the Russian Criminal Code) was also dropped.
The retrial of the murder case of European and Russian judo champion Aslan Kambiyev in the Supreme Court of Kabardino-Balkaria, after the Fifth Court of Cassation overturned the earlier verdict, was scheduled for March 3. However, the hearing did not take place. Judge Atakuyev stated that it was not possible to assemble a quorum of three judges because almost all of the Supreme Court judges were involved in the case in one way or another. The defense informed a "Caucasian Knot" correspondent of this.
Lawyer Anna Pogosyan, representing the interests of the injured party, reported that regarding the postponement of the Supreme Court of the Kabardino-Balkarian Republic's hearing in the Kudayev case, she sent a complaint to the Chairman of the Supreme Court of the Russian Federation, Igor Krasnov, in which she asks him to find out why the judges refused to hear this case and why the hearing was postponed for such a long time.
"The case of Kambiev's murder was considered by the Supreme Court of the Kabardino-Balkarian Republic only once, and, obviously, not all the judges had time to participate in it. The case, according to the defense, is in another place. The ruling of the Fifth Cassation Court has been appealed to the Supreme Court of Russia. Whether the Supreme Court of Russia will accept the case for review and what the outcome will be will be known later. "The Supreme Court of the Kabardino-Balkarian Republic has apparently decided to await the outcome of the appeal," the lawyer suggested.
It should be noted that the judges of the Cassation Court previously noted the testimony of one of the witnesses, who initially denied knowledge of who was holding the knife during the conflict. After repeated questioning, he testified that he had the knife and used it to injure one of the participants in the fight. The witness confirmed this testimony at the court hearing.
"However, no procedural decision has been made on this claim: the materials have not been separated into separate proceedings, the case has not been opened, the case has not been dismissed either for causing bodily harm or for knowingly giving false testimony, and this person was not interrogated as a suspect. <...> Meanwhile, this fact is of significant importance, as it led to subsequent conclusions regarding Kudayev's self-defense," the court's ruling states.
During a new trial, the cassation court's ruling states, it is necessary to verify and establish who had the knife.
Translated automatically via Google translate from https://www.kavkaz-uzel.eu/articles/421371