Revival of criminal investigation against Melnychenko upheld

The Kyiv Court of Appeal has upheld the decision by the Pechersky District Court in Kyiv to restart the criminal investigation against former Presidential guard Mykola Melnychenko.  The latter is best known for the tapes he allegedly made of conversations between President Kuchma and others concerning the journalist Georgy Gongadze.

Kuchma’s lawyers assert that the investigation into this case will make it possible to establish who ordered the “tape scandal”.  Mr Melnychenko for his part is convinced that he should now be arrested, but says that his attempt to hand himself in was a flop. He claims that they told him in the Prosecutor General’s Office to go away.

Melnychenko’s lawyer, Mykola Nedilko asserts that the decision to reinstate the criminal investigation was outside the realm of law. He says no argument was provided and that it was passed with infringements of procedural law.

The tapes made by Melnychenko in the office of President Kuchma have been declared material evidence in the criminal prosecution of the former President on charges of exceeding power leading to the murder of Georgy Gongadze. From 2001 to 2004 criminal investigations were initiated against Melnychenko on charges of exceeding his authority, divulging state secrets, as well as of creating artificial evidence for the prosecution. In March 2005 the investigations were terminated by Prosecutor General Piskun. In June this year Kuchma’s lawyers appealed to the Pechersky District Court against the termination of the criminal investigation.

From a report at http://kommersant.ua/doc.html?docId=1689269