The judicial panel for criminal cases of the North Kazakhstan regional court has annulled the decision of the jury that acquitted co-owner and executive director of the "Tiolain" company, Viktor Dolgalev, reports Tengrinews.kz correspondent.
Viktor Dolgalev's case was previously examined by a specialized inter-district court for criminal cases with the participation of jurors. Alongside the businessman and his son (director of the Obukhovsky mining and processing plant), who were accused of illegal entrepreneurship and unauthorized use of subsoil resources, there were two other defendants: an entrepreneur and a lawyer, who were charged with incitement to bribery and fraud.
The prosecution indicated that in March 2021, the Ministry of Industry and Infrastructure Development of Kazakhstan sent a notification to LLP "Tiolain" regarding the termination of the subsoil use contract due to systematic non-compliance with contractual conditions. According to the investigation, Dolgalev challenged this notification in court and continued operations at the deposit, which law enforcement considered illegal.
The prosecution claimed that the damage caused by Dolgalev's unauthorized use of subsoil resources amounted to approximately four trillion tenge, while the income from illegal entrepreneurial activities (extraction and sale of ore) exceeded 23 billion tenge. Additionally, Viktor Dolgalev was previously accused of attempting to bribe officials.
The jury acquitted the co-owner of a large Kazakhstani enterprise
On December 5, the court with the participation of the jury found the defendants not guilty and acquitted them due to the absence of a criminal event. The acquitted individuals were released from custody in the courtroom.
The prosecutors filed an appeal, and the injured party submitted an appeal against the ruling of the specialized inter-district court for criminal cases.
As stated in court by state prosecutor Timur Kulzhanov, the prosecution considered the verdict of the first instance court illegal and subject to annulment.
"Firstly, the guilt of the defendants was fully confirmed in court. Secondly, the first instance court with the participation of jurors committed significant violations of the norms of criminal procedural law, leading to the annulment of the verdict and the referral of the case for a new trial. During the court proceedings, the jurors collectively reported pressure being exerted on them, however, the court, contrary to the law, did not decide to dissolve the jury and return the case to the preliminary selection stage of candidates at the request of the state prosecution," emphasized Timur Kulzhanov.
He added that there were also violations on the part of the presiding judge, whose statements often echoed the defense's position.
"Moreover, there were coarse remarks made towards the jurors, which the defense exploited, siding with the jurors and winning their favor. Such facts significantly influenced the outcome of the case, which undoubtedly warrants the annulment of the verdict," concluded the state prosecutor.
The acquitted and their lawyers requested that the verdict remain unchanged, considering it legal and fully justified.
On January 9, the judicial panel for criminal cases of the North Kazakhstan regional court ruled: to annul the verdict of the specialized inter-district court for criminal cases dated December 5, 2024.
"To send the criminal case for a new trial with a different composition of the court. To impose a measure of restraint in the form of detention on Viktor Ivanovich Dolgalev, Danila Viktorovich Dolgalev, Sanat Nurollaevich Kurmanbaev, and Timur Habdullayevich Sadvakassov, to be applied immediately," read the ruling by presiding judge Yerbar Kaliev.
The appellate ruling came into legal force upon its announcement. The defendants were taken into custody in the courtroom after the proceedings concluded.
The court issued a private ruling to investigate the fact of pressure on the jurors and the taking of procedural decisions.
Judge Nurlan Nuralin, while explaining the panel's decision, emphasized that the incident involving the jurors, who made a collective statement regarding the pressure exerted on them outside of court, at their workplaces, and even through their children, is an extraordinary occurrence.
"I do not know if there has ever been such pressure on jurors in Kazakhstan's history. But in the history of our region, this is likely the first time. Unfortunately, the first instance court paid almost no attention to this. When the court read this collective appeal, it decided to ensure the implementation of security measures for the jurors. However, the court did not even investigate from which side and by whom this pressure was being exerted: whether from the prosecution or the defense," noted Judge Nurlan Nuralin.
The judicial panel viewed this as a significant violation of criminal procedural law and a breach of the principles of objectivity and impartiality.
Co-owner of a large Kazakhstani enterprise Viktor Dolgalev arrested
Recall that in February 2024, the Financial Monitoring Agency reported that an investigation was initiated against co-owner of the "Tiolain" company, Viktor Dolgalev. It became known that he is suspected of illegal entrepreneurship associated with the extraction of income on a particularly large scale.
As previously noted, in March 2021, the Ministry of Industry and Infrastructure Development terminated the subsoil use contract for the Obukhovsky deposit early due to the company’s violation of financial and investment obligations amounting to 38 billion tenge.
It is worth mentioning that this is already the fourth annulled acquittal verdict by North Kazakhstan jurors in recent times. In November 2024, the judicial panel for criminal cases of the North Kazakhstan regional court annulled the jury's decision that acquitted a young man accused of brutally murdering his four-year-old brother, his cohabitant, and her one-year-old daughter.
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