August 19 the judge of the Viciebsk Regional court Svetlana Ivanova upheld the decision of the Hłybokaje District Court handed down against journalist Dmitry Lupach, who was punished for alleged illegal production and distribution of media products.
Consideration of the appeal of independent journalist from Hłybokaje in the Regional Court was held a week ago, but then the trial was postponed – the judge Ivanova stated that she needed more time to study the case materials.
According to the Hłybokaje District Court of 23 July, is now confirmed by the Regional Court, Dmitry Lupach convicted of an offense under Part 2 of Article 22.9 of the Administrative Code, and must pay a fine to the state budget in the amount of 25 basic units (4.5 million).
Before announce its final verdict, the judge Svetlana Ivanova gave an opportunity to present its case attorney Dmitry Lupach, which drew attention to a number of obvious, in her opinion, the procedural violations by the district court. In particular, it noted that the Court has not been provided with any evidence that the journalistic material, for which Mr. Lupach punished, was made directly to them. The journalist, in turn, refuses to authorship and said that his name was wrongly put under the text. In addition, this material has been reprinted from the local media in the ERB's website without his consent. Also, Hłybokaje District Court had ignored the request of protection to keep the case to call as a witness the editor ERB, which gave out its prior consent.
After hearing the arguments set out motivated lawyer, the judge asked Dmitry Lupach the only question is why it has not given in the local press about the refutation of his innocence to the published under his name of journalistic materials. He replied that he could do so in the near future if it will affect the court's decision.
On the court's decision, however, did not affect either the arguments of counsel, neither voiced Mr. Lupach public rejection of his authorship. It took less than a minute the judge Svetlana Ivanova to announce its decision on this matter: the decision Hłybokaje district court upheld.
Commented Dmitry Lupach results of judicial review: "In a different decision, I did not expect: government agencies we do not make mistakes. I do not know just why they had to take my business to a week ago, on further study if it was known that it was over. Such a rapid determination of the court totally shocked me, because I have already attended such events. Only then did I present them as a journalist. As I mentioned before, and now – the decision is made in advance. And no arguments cannot change it."
Vitebsk Spring
