A three-judge panel of the Military Court of Appeals is hearing a prosecution appeal today against the release of Martin Varadinov from custody. Varadinov, an officer of the National Protection Service (NSO), is charged with causing moderate bodily harm to journalist Sonya Koltukliyeva. The judges have retired to consider their ruling, which is expected around 3:30pm, BTA reported.

The incident happened on the evening of Thursday, 22 October, outside the headquarters of Progressive Bulgaria in Sofia. Koltukliyeva wanted an interview with parliament speaker Mihaela Dotsova as she got into her official car, and was holding the door handle.

What happened before: National Protection Service guard reportedly said he had an order to stop Koltukliyeva

Varadinov did not shove the journalist, his lawyer Tervel Georgiev said, citing witness statements and video expert reports. According to the reports, the bodyguard took hold of Koltukliyeva's hand and moved it off the handle.

Georgiev also cited a witness who overheard the journalist's phone call shortly before the incident. The lawyer said a woman's voice in the call said: "Go ahead, you will be paid."

The same witness said that after the call Koltukliyeva spoke to three people who were at the scene. All three are witnesses in the case, and they say she was shoved.

Neither the court nor the defence objected to adding new witness statements and expert reports from the prosecution to the case file. The military prosecutor's office wants Varadinov to stay in custody for good and the first-instance ruling to be overturned. It says he could commit an offence against the justice system, and that the evidence shows he did what he is charged with.

The defence asks the court to reject the appeal. "I would like you to uphold the ruling of the first-instance court," Varadinov told the court. Many NSO officers came to the courtroom to support their colleague.

The Sofia Military Court freed him a week ago, ruling that no preventive measure was needed. It said the bodyguard was carrying out his official duties during the incident, and that the evidence gathered does not allow the court to conclude that the injury came from a blow he struck.