The Sofia Appellate Court ruled today on the pre-trial detention of the mayor of Varna, BlagoMir Kotsev, after the Sofia City Court (SCC) remanded him in custody.
The charges against him are corruption and participation in an organized crime group – charges that weigh heavily on his reputation and call into question his governance of the city.
The courtroom was filled with tension, the atmosphere thick with anticipation.
Defense
The defense, represented by lawyer Vladimirov, argued for a lighter measure, arguing that the most severe pre-trial detention measure is inappropriate and inadequate to the case.
The lawyer requested the court to either impose house arrest or a bail for Kotsev.
Lawyer Ina Lulcheva reinforced the defense"s arguments, emphasizing the lack of reasonable grounds to believe that Kotsev could commit a new crime or abscond.
"Nowhere in the case files does it say that Kotsev sought a bribe from the witness Plamenka Dimitrova"
stated categorically lawyer Lulcheva. She added that the lack of evidence of a bribe request is sufficient grounds to dismiss the presumption of the crime having been committed.
Lawyer Lulcheva sharply criticized the competence of the court that had ruled up to this point.
"The Sofia City Court would have been competent if a Member of Parliament were involved. No such person has been identified, and this is recorded. The fact that the Sofia City Prosecutor"s Office has appropriated the proceedings itself does not make the SCC competent"
she stressed.
Her argument of incompetence is key, questioning the authority of the prosecution and potentially the entire course of the investigation.
To support her argument about the unfoundedness of the charges, lawyer Lulcheva presented excerpts from the media showing that Dian Ivanov, a former deputy mayor of Varna, has not yet been questioned by the prosecution.
"These are clear signs that the state prosecution is not working on the case"
she stated, emphasizing the obvious incompleteness of the investigation.
Mayor Kotsev
Mayor Kotsev himself addressed the court, stating that he does not wish to obstruct the investigation and even offered to initiate proceedings for his removal from office.
"Everything that is being said is based on allegations. It is absurd for me to listen to all the testimonies against me, and I feel them as a death sentence"
Kotsev shared, expressing his strong dissatisfaction with the course of the proceedings.
He explained his meeting with witness Plamenka Dimitrova in the context of a delay in the delivery of food to disadvantaged people, categorically denying any wrongdoing.
"Public procurements do not happen under my supervision, often without my knowledge. They are standard procedures"
said Kotsev.
The Prosecution
Prosecutor Georgi Bliznakov, on the other hand, insisted on maintaining the pre-trial detention measure, arguing that Kotsev"s guilt has not been shaken.
He cited the testimony of witness Dimitrova, as well as witness Marinov, who confirms a practice of collecting a percentage from each public procurement in the municipality.
"Despite his clean criminal record, there is a risk that he may abscond. Also, the maximum detention period of eight months has not been reached"
explained the prosecutor.
The prosecution also emphasized the competence of the court, highlighting the decisions of the SCC and the AC on this matter.
According to the prosecutor, Dian Ivanov was "instigated" by the Commission for Combating Corruption.
Additional Arguments
Lawyer Lulcheva dismissed most of the prosecutor"s claims as unfounded.
Even more remarkable were her comments on the potential bias of the court, based on the challenge requested earlier.
"I am convinced that there are judges who will be objective, and today the challenge that was requested is not based on an assessment of personal qualities, but because it was appointed without random selection. The second reason was the involvement of one of the judges in the Specialized Court, which was closed at the proposal of PP „Continue the Change-Democratic Bulgaria“, the party that nominated Kotsev"
stated lawyer Lulcheva, directly pointing out a potential conflict of interest.
She also added concerns about potential influence on the judicial process due to the tension created around the closure of the Specialized Court.
"If this is the case for one judge, it can be assumed for the others"
concluded lawyer Lulcheva, emphasizing that the case has a clear political subtext, questioning the time elapsed between the receipt of the information and the filing of charges.
The final decision of the Sofia Appellate Court is awaited with great interest.