Iulian Rusanovschi is Yuri's lawyer in the ongoing criminal case. Bellow are his declarations regarding the lawsuit.
The criminal case against Yuri Roshka was initiated by the Anticorruption Prosecutor's Office at the beginning of 2017, but we found out about its existence more than 1 year later in 2018 when he was recognized as an accomplice. For 1 year, the criminal investigation was carried out only theoretically because the only operations that the prosecutor did were the Ordinances to postpone the execution of the criminal investigation.
Yuri Roshka is accused of an act that he allegedly committed in 2009, i.e. 10 years ago from the start of the criminal investigation. And his criminal case was kept for 1 year by the Prosecutor's Office without any sense, on the role of the Prosecutor's Office. In the criminal prosecution documents appear the signatures of 2 prosecutors who are very closely related. It is about the prosecutor Mihail Ivanov and his godfather ― Viorel Morari, who is rumored to have wanted to take over some of Yuri Roshka's properties, basically the building where he lives in the center of Chisinau.
After the case was sent to the court, the examination took place in a very slow way, due to the fact that Judge Serghei Lazari was often absent from the session. Our applications were examined with great difficulty and the decisions on the applications were pronounced after 2-3 meetings, and some of them were even lost from the case materials. Although I previously had a request for acceleration, it was denied. The first request during the period when Serghei Lazari was a judge, and the second request after Serghei Lazari resigned. The case was redistributed to judge Renata-Popescu Baltă, where the examination of the case began at a more alert pace.
But in November-December-January 2023-2024, at least 7-8 court hearings were postponed due to the absence of the prosecutor in this criminal case, and we again requested the speeding of the examination of the case, and we requested the court to notify the management of the Anticorruption Prosecutor's Office and provide a prosecutor to examine this case. This in principle did not happen, as the prosecutor continued to be absent further.
The recent posts I've made on the Facebook page were aimed at publishing the abusive and illegal actions committed by judge Ana Cucerescu regarding my client, abuses that culminated in the prohibition of the submission of statements by the court to the Yuri Roshka, but also the rejection of our request to hear one of the most important witnesses who could confirm the fabricated nature of this case. Also, all the requests we submitted, including Roshka's requests in person, the court refused to examine them citing that she would read them personally later, and we should continue examining the case with an absolutely indescribable speed, because she forced Roshka to submit statements to the witnesses, contrary to the provisions, because at the meeting on June 5, judge Ana Cucerescu ordered that this case be examined in general order, namely initially the evidence of the accusation, then the evidence of the defense, and the defendant's statements to crown the examination of this criminal case.
And here at the meeting on June 25, the judge forced Roshka Yuri to submit statements before the witness, he refused to submit statements before the witness and mentioned that he will only submit after the defense evidence has been examined. But in an absolutely abusive consequence, the magistrate deprived Roshka of the right to submit statements in his own criminal case, an action that cannot be included in any criminal procedural norm.
Considering that our recusal against this magistrate ― was rejected, we had no other solution but to sensitize public opinion and the mass-media regarding the abuses to which the citizen Yuri Roshka is subjected, and as a result, on June 26, the Chisinau Court published an absolute statement, unbelievable and totally false, regarding the fact that the defense is to blame for the difficult or slow examination of this criminal case. In that statement it was mentioned that the 59 hearings were postponed, mostly due to the absence of the defendant at the hearing, and due to the behavior of the lawyers. And Ana Cucerescu would have had 15 court hearings.
This information is absolutely erroneous, it is false, and I have submitted a request to the Buiucani Court, through which I have confirmed that it should be sent to me officially, under signature:
- how many court hearings they have had up to this date
- confirm according to the protocol that at least 9 court hearings were postponed due to the absence of the prosecutor on the case in the previous hearings during the year 2023-2024
- and including the fact that at least 10 sessions were postponed due to the absence of the judge at the courts that were appointed by him; and at Ana Cucerescu we haven't had, until today, more than 6 regularly called meetings.
During the last 2 weeks Ana Cucerescu ex officio set 3 other court hearings, periodically changing the time of these hearings specifically to make it impossible for the defense to present at those hearings ― considering the fact that we, as lawyers, have other court hearings called previously to the Roshka Yuri file. And the court, despite the fact that the parties established a court hearing on June 25, July 2, July 8, she decided to call 3 more court sessions on June 26, June 28... choosing those times when the defense was unable to be present, and giving us the opportunity for the lawyer to be present on the possibility of attending this meeting.
Also, magistrate Ana Cucerescu illegally telephoned the management of the hospital where Roshka Yuri is hospitalized, trying to put pressure on the management of this institution under the pretext of giving her an answer, within a few hours, regarding the possibility or impossibility of attending the meeting court of Roshka Yuri. Although the defense presented the confirmatory documents that his treatment is to take place only in hospital conditions and it is impossible to present him provisionally in the court session. Despite this, the magistrate decided to call the hospital management personally and intimidate them with the aim of obtaining the evacuation of Roshka Yuri from the hospital, a fact that was confirmed by her in the meeting of June 26, recorded both on the recorder of the court and of the parties from trial where she allowed to record the court hearings in audio format.
This treatment cannot continue, it is an absolutely abusive treatment. Regardless of the accusation brought against a person, the procedural guarantees must be respected, because it is an obligation stipulated in the Code of Criminal Procedure, and no judge can abstract themselves from this obligation. We submitted a prior request to both the Chisinau Court and Judge Ana Cucerescu, to debunk the forgeries in the press release of June 26, 2024. And we are also preparing to file a lawsuit to disprove these gross forgeries, but at the same time we requested the Supreme Court of Justice to order the transfer of the case to another court outside the jurisdiction of the Chisinau Court of Appeal, because at the time the Chisinau Court got involved in this process by release and disclosed the name of the client ― disclosure that I did not make in my posts, in order not to allow external interference in the examination of this process... So I repeat, from the moment the Chisinau Court intervened with that threatening communication to my client, we are of the opinion that there is no longer any procedural guarantee, impartiality of the court, independence or fairness. It is only a matter of a desire for personal revenge, regarding this citizen Roshka Yuri who “allowed himself” to bring to the knowledge of the entire public the illegalities committed by a magistrate, a magistrate who by his actions tarnishes the image of a court of law.