Courtroom Report: February 9, 2010
The trial resumed with Mr. Lakhtin informing the court that the prosecution was ready to file for another 3 month extension of Messrs. Khodorkovsky and Lebedev's detention in pre-trial arrest custody at Matrosskaya Tishina. Holding several typed pages before him, Mr. Lakhtin informed the court that the motion would be filed in oral form.
Mr. Lakhtin's arguments were analogous to the ones heard in Khamovnicheskiy Court on August 12 and November 10, and today's motion was mostly a copy of the one filed in November. He began by restating the charges brought against Messrs. Khodorkovsky and Lebedev, then moved on to list decisions by the Ingondinskiy Court, in Chita, and the Khamovnicheskiy Court extending their detention in pre-trial custody, and the various appellate decisions affirming the lower courts.
Next, Mr. Lakhtin explained that the defendants were leaders of an organized criminal group, with many of its members, including Messrs. Burganov, Nevzlin, Brudno, Elfimov, Ivlev, Kartashov and others, being actively sought by Russian authorities. According to Mr. Lakhtin, the evidence at the trial showed that Messrs. Khodorkovsky and Lebedev posed a risk to society and would return to their criminal activity if allowed to go free. In addition, the defendants would actively resist the proceedings at the Khamovnicheskiy court, they would threaten witnesses and would also hinder the investigative actions directed at the extradition of other suspects.
Mr. Lakhtin went on to list what the prosecution considered being "conclusive evidence" of Messrs. Khodorkovsky and Lebedev's intent to actively hinder the investigation. The courtroom heard about the Bakhmina/Gololobov wire tapped conversations, document on management of Rosprom's subsidiaries, and testimony by Mr. Rybin.
Next, Mr. Lakhtin argued that Mr. Golubovich's in court testimony, in addition to his interrogation transcripts, conclusively proved that Mr. Khodorkovsky, along with Mr. Nevzlin, was extremely dangerous. Once again, Mr. Lakhtin read that Mr. Golubovich perceived a threat due to comments made by Messrs. Khodorkovsky and Nevzlin and was in fear of YUKOS' corporate security department. "Mr. Lebedev was part of YUKOS' senior management," was Mr. Lakhtin's way of connecting Mr. Lebedev to Mr. Golubovich's transcript.
Next, Mr. Lakhtin argued that Messrs. Khodorkovsky and Lebedev's detention does not violate the Russian Constitution or the European Convention on Human Rights and then discussed the alleged victims, who deserved to have their rights protected.
Mr. Lakhtin returned to arguing that numerous court decisions have acknowledged that Messrs. Khodorkovsky and Lebedev, as well as Mr. Nevzlin, were dangerous and reiterated his earlier reference to Mr. Golubovich's transcript.
Mr. Lakhtin spent the next five minutes re-airing his earlier allegations that Messrs. Khodorkovsky and Lebedev caused Yukos Capital S.a.r.l to fall under the control of Mr. Bruce Misamore, former YUKOS CFO. As a result, YUKOS was unable to meet its financial responsibilities and filed for bankruptcy. According to Mr. Lakhtin, the above was supported by testimony from Mr. Rebgun, YUKOS bankruptcy trustee. Once again the courtroom heard that Yukos Capital S.a.r.l. continues to fight court battles with former YUKOS subsidiaries.
Once again Mr. Lakhtin argued that the petition to the European Court of Human Rights by YUKOS International UK B.V. was an attack against Russia, launched by Bruce Misamore. Mr. Lakhtin, as he did back in November, argued that the ECHR petition was an attempt to pressure Russia prior to the verdict in Messrs. Khodorkovsky and Lebedev's trial.
The final two minutes of Mr. Lakhtin's motion were devoted to explaining that Mr. Khodorkovsky never acted without Mr. Lebedev's support. The prosecutor recapped the indictment's interpretation of Mr. Lebedev actions as director of Group MENATEP.
Mr. Lakhtin concluded by asking the court to extend Messrs. Khodorkovsky and Lebedev's detention in pre-trial arrest custody until May 17, 2010.
After a short break, Mr. Rivkin asked the court to adjourn the hearing and to schedule the next trial date for Thursday, when defense would be ready to respond. Mr. Rivkin's request was granted. [Read the defense's response to prosecution's motion from November 11 here. -Eds.]
The trial will resume on Thursday, February 11, 10:30 Moscow Time.