The case of violence against Debora Mihaylova, who was beaten and cut with a mock knife, is starting from the beginning. This is happening after the court recused itself. The reasons for the start of the trial are again the recusal of the jury due to the request of the defense of the defendant Georgi Georgiev that a juror in the case attended protests in support of Debora. We are talking about Rumyana Apostolova. Lawyer Petko Kanev, who is the defense attorney of the defendant Georgi Georgiev, is speaking to FACTI.
- Lawyer Kanev, the case "Debora", in which you represent the defendant Georgi Georgiev, is starting from the beginning. And this after nearly 2 years of hearings. When did you find out about Rumyana Apostolova's actions, which gave you reason to ask the court to recuse herself?
- We found out about Rumyana Apostolova's actions between the last hearing that had passed and the one that was to come. I can't tell you exactly when this happened, but it was between these two hearings.
- And now everything starts all over again…
- That's right. With a new court panel and all over again.
- Everything starts all over again, and Georgi has already been in custody for two years and the period in which he can be detained will soon end. What comes next…
- There is no such period. I don't know who told you about this two-year period. In the trial phase, there is no limit to the period of detention. In the pre-trial phase, there is a period of 8 months in which the accused can be detained in custody for the crimes for which he is being held criminally liable. There is no maximum term of detention. The minimum sentence for the charges for which he is held criminally liable is two years. That is, he has already almost served a minimum sentence for the crimes for which he is held criminally liable.
- Why hasn't the case been concluded yet…
- Why is this question addressed to me? The court is the one who should hurry to conclude the case when there is a person in custody. But I must tell you that it was this court that released Georgi three times - twice under house arrest and once on bail. These rulings were overturned by the Plovdiv District Court for unique reasons, but, unfortunately, I cannot comment on them, they are the last resort.
- Deborah's lawyers believe that Georgi can leave Bulgaria if his sentence is changed. Do you have such concerns… And what does he think about the incident, about the whole process in general…
- This is absolute nonsense. What does it mean for Georgi to leave the country? First, Georgi himself went to be interrogated, even though he knew very well what was happening in the country. I mean the marches that were being held, the people's dissatisfaction in connection with all the publications that appeared, etc. Despite everything, he went himself. If he wanted to leave the country, then he would. Why would he leave today? Well, Georgi served a sentence. Why would he leave? What will happen, where will he go? He served two years and is yet to start fleeing the country… This sounds frivolous to comment on. In my opinion, these are tricks on the part of colleagues who aim to influence, because here influence is exerted through society, through the media, through interviews with court panels. There is no logic whatsoever – both in life, and in formal, and in law – for him to flee. Neither before nor now.
- From what you talk to him, how he sees things...
- How can he see... Georgi does not trust the judicial system, he believes that he is doomed. He is still holding on. Very few people would accept this thing stoically, that they will have to sit in custody, since there is no evidence, since all this is the result of a public discontent. I am sure that if all this were not there, not the Plovdiv District Court, whatever court you want, if you want in Iran, in Iraq, it would have released him by now. It makes no sense for him to sit in custody for two years for this crime for which he is being brought.
- The defense and the prosecution continue to argue even about what exactly the bodily injury inflicted on Deborah is - slight, as was initially determined, or moderate, as the prosecution claims in its indictment. Where will this dispute start in the new session? - This dispute is very far in my opinion in the new hearing. If you have followed the development of the case, the expert opinions were heard in September 2024. I speak from memory, because I no longer remember which hearing it started exactly. Witnesses were questioned then. I assume that the new hearing, knowing how the old one went, what the parties' requests were, will proceed in the same way. First, the witnesses must be heard again, then the conclusions of the experts. In order to get to the hearing of the expert opinion, we must first question them. I cannot say exactly how long it will take until we get to the experts. But we will hear the same experts again. I do not think that they can say anything different in the new hearing. The dispute we have must be resolved by a new expert opinion, but without the participation of the previous experts. Something that the Plovdiv court refused, in a hurry to close the case. If a seven-day forensic medical examination were to be appointed. We have the conclusions of two expert reports, which are contradictory. This alone is grounds for appointing a new one. The court refused.
- Will Georgi continue to sit in custody until the case starts again…
- We have filed a request with the court to change Georgi's measure, and the case is scheduled for February 11 - next week. For now, he is in custody and will continue to sit until his measure is changed.
- What measure do you want - house arrest…
- Even he is not for house arrest. What should he do under house arrest. Georgi has already served one sentence. I repeat this. House arrest is not good, because it continues to be a sentence.
- What are you insisting on…
- We insist on changing the measure to a lighter one. We believe that any other lighter measure will play the role we are looking for. The court will now determine. House arrest is the most pointless one, defined as lighter. Georgi has a small child, he needs to take care of him, to be given the opportunity to work. Ultimately, if it is decided that he is guilty of something, that a sentence should be passed, let him go through the due process, through the appeal and entry into force, and if there is something to be served, then let him go to prison. But let him sit in custody beforehand, until we weaken him to such an extent that it no longer matters what the sentence is, because it will have been served in advance… That is not the point of administering justice. But in this case, justice is not what it should be.