According to our experts, everything goes to the point that the court of appeal can recognize that Mikhail Efremov’s rights to defense were violated in court, which means that the case of a fatal accident involving the actor must be reviewed. Complaints from lawyers against Efremov’s verdict continue to pour into the Presnensky court like a cornucopia almost every week.
Another batch of complaints arrived on Monday, September 28th. This time, among others, the actor himself, sentenced to eight years in a general regime colony, filed a complaint. Efremov said that his behavior, in which many did not see remorse, was due to pressure from lawyer Elman Pashayev.
On Monday morning, the Presnensky Court announced the receipt of four complaints against the verdict at once. Let us remind you that there are already three complaints in court on behalf of the actor’s defenders. The first, brief, was written immediately after the verdict by the scandalous Elman Pashayev, who is credited with “merit” for such a long time.
Then the world champion in armwrestling Roman Filippov appeared on the scene, who declared himself the new lawyer of Efremov. A little later, Vladimir Vasiliev announced his intention to defend the artist. And he also filed his appeal, demanding 4 years probation for the principal. At the end of last week, his colleague, Pyotr Kharkhorin, known for his stunning victories in the courts, joined Filippov.
What happened to the complaints on Monday? This time Pashayev and his partner Yelizaveta Shargorodskaya supplemented their brief complaints, which they filed immediately after the verdict was passed. By the way, according to the law, the lawyers who participated in the process can be engaged in filing additional complaints until the materials are received by the Moscow City Court.
So, Pashayev demanded a reconsideration of the case and listed the formal reasons for this – “inadmissibility of evidence”, “violation of the Criminal Procedure Code”, inconsistency of the court’s conclusions with the actual circumstances. His colleague asked to mitigate the punishment for the actor and change the general regime of serving the sentence to a colony-settlement.
Mikhail Efremov himself, in his complaint, actually returned to where he had started – he said that he “repents of what he had done” and “pleads guilty.” For his correct position, Efremov asked the next instance to commute his sentence.
And, perhaps, the most important thing: the actor officially announced that lawyer Elman Pashayev put pressure on him. In other words, the ugly behavior of the defendant (boorish shouts from the place) and “didn’t see him, so he didn’t exist” were the result of the bad influence of the defense lawyer, who, we recall, after the trial lost the opportunity to work in the courts. It is not excluded that the idea to declare about the bad influence of the former defender Efremov was suggested by his current lawyers. After all, if it is proved that the actor was defended in an inappropriate manner, he will have the right to demand a review of the case in compliance with all his rights.
Another complaint was filed by the defender of the civil wife of the deceased driver Sergei Zakharov, Vadim Nikulin, who also asked for the sentence to be canceled. As the lawyer of Irina Sterkhova told “MK”, the appeal was the result of newly discovered circumstances. Namely, she appeared after MK reported: the official wife of the deceased, Margarita Zakharova, filed for divorce shortly before the fatal accident. At the same time, in court, she, her son and the brother of the deceased talked about the idyll that allegedly reigned in their family.
– It turns out that all these people gave deliberately false testimony in court. And this is of great importance for the verdict. After all, Zakharov’s wife Margarita kept silent about the divorce statement and told how great they all lived, even mentioned the amount that the deceased brought home, – said lawyer Nikulin. He intends to be present at the consideration of appeals in the Moscow City Court and to represent the interests of his trustee Irina, a woman with whom the deceased Zakharov has lived under the same roof for more than 20 years.
According to the MK expert, lawyer Oksana Mikhalkina, the verdict can indeed be canceled – Efremov’s rights to defense were violated, and the victim turned out to be controversial.
– The newly discovered circumstances – namely, that Zakharov and Margarita were actually divorced – may lead to the cancellation of the sentence. After all, it turns out that Margarita Zakharova is a controversial victim. There were similar cases in my practice. And this gives a chance for the cancellation of the sentence, – Mikhalkina explained, adding that the cancellation of the sentence will automatically entail the cancellation of the measure of restraint for Efremov. In other words, purely theoretically, the actor can be free right after the sentence is canceled.
According to Mikhalkina, now Efremov’s lawyers and the convicted person himself must change their rhetoric and side with Irina Sterkhova. We will remind that earlier Pashayev and his client were categorically opposed to Sterkhova being recognized as a victim. After one of the meetings, at which the lawyer Pashayev was not shy in expressions, the woman left in tears.