A week after the death of 35-year-old Hristina, who suffered the most in the ATV accident in Sunny Beach, the defense of 18-year-old driver Nikola Burgazliev sharply criticized the actions of the prosecutor's office. According to lawyer Galina Koleva, the state prosecution issued a public verdict against her client before the court had ruled, and the more serious charge of possible intent is legally unfounded.
Today, Nikola Burgazliev will be charged with the new charge - of causing death and bodily harm with possible intent, after traces of marijuana were also found in his blood. On the air of “Hello, Bulgaria“ lawyer Koleva first expressed condolences to the family of the deceased woman, then commented on the new circumstances.
“The prosecutor's office convicted Nikola yesterday without a trial, without a verdict. She directly convicted him and told the citizens how long he would be in prison“, Koleva said.
She explained in detail the legal nature of the possible intent, emphasizing that in order to prove it, it is necessary for the perpetrator to have foreseen the harmful result, but to have neglected it and to have consciously continued with his act. According to her, this is impossible in this particular case.
“In our particular case, there are 4-5 seconds between the beginning and completion of the act. The prosecution should have explained how this possible intention was formed, developed and implemented in relation to Burgazliev in those seconds,“ she emphasized.
The defense also questioned the allegations of drug use, presented at a briefing by the prosecution. “Nikola was detained immediately after the act was committed, that is, on August 14 at around 1:00 p.m. The blood sample was taken on August 15 at around 7:30 a.m., that is, about 30 hours after the act was committed. Does this mean that it is alleged that he smoked under the conditions of his detention?“, lawyer Koleva asked rhetorically. She added that her client categorically denies having used marijuana or other intoxicating substances.
Attorney Koleva stated that she is not yet officially familiar with the conclusions of the auto-technical and physical-chemical examinations and expects to receive the documents today, when the new indictment is filed.