Lawyer: The court wrongfully extended Metropolitan Theodosy’s house arrest
According to the lawyer, the prosecution did not prove in court the need to keep Metropolitan Theodosy under arrest.
The lawyer of Metropolitan Theodosy of Cherkasy and Kaniv, Volodymyr Yudin, has stated that the court unlawfully extended the round-the-clock house arrest of the hierarch. This statement was made in a video address by the lawyer, which was published by the press service of the Cherkasy Eparchy of the Ukrainian Orthodox Church.
According to Yudin, "the Criminal Procedure Code clearly defines the algorithm of actions for both the prosecutor who applies for the extension of a preventive measure and for the court that considers this application: the prosecutor must provide evidence to support the arguments presented in the application, and the court, when considering this application, must either fully satisfy it, partially satisfy it, or completely reject it, which is the direct duty of the court in case the application is unsubstantiated."
The lawyer pointed out during the court session the lack of evidence in the prosecutor's request to extend the house arrest of Metropolitan Theodosy.
"Could the court have fully granted the request? In our opinion, this request should have been dismissed," emphasized the lawyer.
Furthermore, he commented on the prosecutor's statement that the recent appeal of the Cherkasy Eparchy of the UOC in support of Metropolitan Theodosy supposedly constitutes "pressure on the court."
"Every person is guaranteed the right to freedom of speech by the Constitution of Ukraine, and such an appeal is nothing but the exercise of the clergy's right, which is guaranteed by the Basic Law of our state. Therefore, we consider such statements by the prosecution to be manipulative," said Mr. Yudin.
As previously reported, on September 6, 2023, the Sosnivka District Court of Cherkasy extended Metropolitan Theodosy's house arrest for an additional two months. Prosecutor Kolomiets demanded the extension of the arrest because the "suspect may evade the pre-trial investigation authorities and obstruct the investigation." According to the prosecutor, the hierarch's "crime" is "qualifies as grave," and the "whereabouts of the main witness are currently unknown."
