Courtroom Update: June 29, 2009
Prior to the start of today's proceeding the courtroom took on a more festive look. When defendants were escorted into the court room, Mr. Khodorkovsky was greeted with shouts of "Happy Birthday!" In the courtroom, green and yellow bouquets greeted Messrs. Khodorkovsky and Lebedev - green and yellow being the official colors of YUKOS. Also, many of the attendees wore yellow and green to show their support. In the courtroom, Mr. Khodorkovsky was greeted by his mother, Marina Filipovna, and his daughter, Nastya. They exchanged smiles and communicated using signs and gestures - Mr. Khodorkovsky from behind the cage glass.
Morning session:
Mr. Lakhtin resumed reading from Volume 91 of the case materials. The documents described YUKOS activities as commission agent for various oil purchase-sale agreements. Mr. Lakhtin continued the all-too-familiar pattern of selectively announcing the documents and omitting key provisions. Mr. Miroshnichenko diligently objected after every one of Mr. Lakhtin's announcements.
After another of Mr. Lakhtin's "announcements", Mr. Lebedev objected to the fact that Mr. Lakhtin did not even describe what document he just read. Further, Mr. Lebedev told the court that the prosecution was deliberately stating neither the volume of oil sold, nor the contract price.
Mr. Lakhtin ignored Mr. Lebedev's objection, and, instead, asked the court to observe documents located on pages 147-172 of the volume. It seems that Mr. Lakhtin did not want to burden himself with reading line-by-line every single contract detail for contracts where YUKOS was a commission agent. The presiding judge spent about 3 minutes examining the documents - although every page had details on approximately 30 contracts. Mr. Miroshnichenko objected, noting that having the court "observe" the documents is not a substitute for reading and examining the document in open court.
Mr. Lakhtin continued to "announce" documents from Volume 91. Mr. Lebedev, after Mr. Lakhtin read another summary of YUKOS commission agent services, told the court that the prosecution's omissions resulted in a paradox - at a public hearing no one knew what the documents actually contained.
Volume 92 contained agreements for oil-refining and other services, completed between Yukos-RM and Ratmir, Alta-Trade, Evoil and others. Mr. Miroshnichenko asked the court to enter into record the defense's objection to Mr. Lakhtin's partial announcement of the general agreement, and complete omission of all subsequent amendments. The defense argued that the prosecution was omitting vital performance provisions.
Messrs. Khodorkovsky and Mr. Lebedev both objected to the prosecution omitting key provisions of these agreements. Mr. Lebedev told the court that the prosecution was reading evidence which was potentially favorable to the defense, and such documents should be announced in full. Focusing on an agreement between Yukos-RM and Alta-Trade, Mr. Khodorkovsky explained this reasoning in more detail. "I'd like to point out that this document is important," Mr. Khodorkovsky told the court, "Indictment alleges that Alta-Trade was [one of the instruments of the oil's theft]. According to this document, Yukos-RM provided services which are alleged in the indictment to be embezzlement and laundering of oil. Yukos-RM was a YUKOS subsidiary, and a management company for companies [inside YUKOS] which refine and sell oil and petroleum products."
At the end of Volume 92, Mr. Lakhtin announced a record of search examination (where a witness observes the documents being extracted during the search.) But Mr. Klyuvgant did not find any examination to have been performed. "All we have is a listing of documents - but we have no idea what is inside," said Mr. Klyuvgant. "This is another example of what we call a brainless [method of proof] of a brainless indictment."
Afternoon session:
After lunch, Ms. Kovalihina took over reading Volume 93. After every document, mostly contracts for purchase of oil, Mr. Miroshnichenko continued to lodge objections to various omissions.
Soon, Mr. Lakhtin took over for Ms. Kovalihina. The defense objected to Mr. Lakhtin's failing to read who signed the contracts and on whose behalf. In other instances, Mr. Lakhtin would announce document stamps and signatures which actually were not found on the documents he was announcing.
After a short break, Mr. Lebedev made a statement to the court and filed a motion. In his statement Mr. Lebedev accused Messrs. Karimov and Alyshev, and their representatives Messrs. Lakhtin and Shokhin, of purposefully falsifying the investigation, and of continuing to perpetuate a false indictment, by knowingly providing false information on the total volume of oil allegedly embezzled in 2003. According to Mr. Lebedev, the officials are guilty of misusing their official position and of purposefully confusing the court with false calculations. (By way of simple addition, the prosecution's alleged total exceeds the actual sum of oil produced by almost 2 million tons).
In his motion, Mr. Lebedev asked the court to order a forensic study concerning the subject of addition to determine how the prosecution arrived at its allegation. Mr. Lebedev allowed that the subject of addition is so simple, that the court could, at its own discretion, ask one of the local schools to conduct the arithmetical calculation to see what the sum total of three numbers (production numbers for Yuganskneftegaz, Samaraneftegaz, and Tomskneft) was, and whether that total matched the prosecution's allegations.
Mr. Khodorkovsky joined Mr. Lebedev, and added that the prosecution continued to rely on false calculations, which point to a purposeful falsification of case materials.
While the trial continued inside the courtroom, across the street from the court building individuals conducted several single-person demonstrations (to circumvent the requirement of getting a permit), with signs wishing Mr. Khodorkovsky a "Happy Birthday!"
The trial will resume at 10:30 on Tuesday, June 30.