The Sviatoshynskyi District Court of Kyiv has extended the arrest of judge Oleksiy Tandyr, who is accused of committing a fatal car accident that killed National Guard member Vadym Bondarenko, until April 12, UNN reports citing Suspilne.
"Tandir will be held in custody without bail until April 12," the statement said.
In addition, during the consideration of the prosecutor's motion to extend the measure of restraint, Tandyr filed a motion to disqualify the prosecutor. In particular, according to the accused, on December 19, he appealed to prosecutor Mykhailo Domanitsky with a statement of his desire to be mobilized (under Article 616 of the Criminal Code of Ukraine: Cancellation of a preventive measure for military service during mobilization, for a special period or change of a preventive measure on other grounds - ed.
"I am subject to mobilization. I have a military rank. I took an oath. It is known that I passed the military qualification commission last year. Therefore, I do not understand what circumstances the prosecutor has been checking for two months. Here we have a response from the military unit where I applied and from a public organization. There is a response from the TCC. What is the prosecutor doing?" the defendant added.
In turn, Domanitsky noted that he has not yet received a response from the TCC.
"Even after receiving all the answers, there is no obligation for the prosecutor to go to court," the prosecutor said.
Tandir's lawyer Oleh Yurchenko told Suspilne that at the next meeting they plan to appeal to the court with a petition to mobilize the accused.
After the conference, Judge Bandura rejected the motion to recuse the prosecutor and continued the consideration of the choice of a preventive measure.
Addendum
On the night of May 26, Judge Oleksiy Tandyr, head of the Makariv District Court of Kyiv Region, ran over a National Guard officer to his death at a checkpoint in the capital. The judge was detained on the spot.
The Kyiv City Prosecutor's Office told UNN that it had launched an investigation under Part 3 of Article 286-1 of the Criminal Code (Violation of the rules of road safety or operation of transport by persons driving vehicles while intoxicated, which led to the death of the victim).
At a meeting on Saturday, May 27, the High Council of Justice granted the Deputy Prosecutor General's request for consent to the judge's detention. Judge Tandir was sent to custody for two months.
The judge himself claims that he was not drunk, but was in a state of shock after the accident.
The HCJ suspended consideration of the disciplinary case against Tandyr.