Testimony of Roman Rudenko

My name is Roman Rudenko, I was born of March, 20, 1990. I live on Zelena Str, 4, in Luhansk. I’m a single man, no children, and unemployed. I was fired three weeks ago from “The Family Store” where I worked as a seller-cashier. Igor Kozakov, store owner, fired me because he wanted us to work without lunch break when there are a lot of customers in the store. I know my rights. Also Igor and I had some misunderstandings few times. Since I was fired I have more time for my rock band (we get good money for good concerts) and poker games.

In the evening on May, 5, 2011 I was at the gambling establishment “Golden” which is on Holovna Str., # 15. My good friend Oleksii Gnatiuk works as a dealer there. We actually don’t advertise that we’re friends because he works there and I gamble there. Administration wouldn’t approve of this. But we haven’t had any problems so far. You can ask him, he definitely would confirm I was there all evening till midnight. I was playing all night with a few guys (with 4 guys I think). But I saw them for the first time that night and don’t know their names. We don’t tell each other our names cause we don’t want to have troubles. I won a lot that night. Don’t even know how much. I think more then 5 thousand. I spent some money from the very beginning for drinks for me and those guys. It was late when I went home. I chose to go through Park Alley to make it faster. I stopped at the trash can, took out money I won from the plastic bag and put them into my inner pocket. You know, I was afraid the bag could be torn. So I threw the bag to the trash can and moved on.

And I bought a new electric guitar in the morning, I needed it. They arrested me when I was coming back home. As far as I know it’s legal to buy guitars. The money is mine, I can spend it as I want. I don’t really worry about income cause someone always needs a seller, there is always some job.

Testimony of Oleksii Gnatiuk

My name is Oleksii Gnatiuk. I was born on March, 25, 1985 in Luhansk. I live on Myru Str., #15, ap.23, Luhansk. I’m single, and have no children. I work as a dealer at the gambling establishment “Golden” which is on Holovna Str., 15.

Roman Rudenko is a good friend of mine. We’ve been friends for a long time and we help each other. Roman often comes to “Golden” to play poker, he loves it. And he often wins a lot too.

Roman was at “Golden” late on May, 5, 2011. He came at approximately 8 p.m. and he left approximately at midnight, I think. He was playing poker that night with four fellows. I’d never seen them before and I don’t know their names. It was a lucky night for Roman, he won a lot. I can’t say how much exactly, I wasn’t paying attention.

But Roman was present and was playing all night. I can’t say exactly what he was wearing; I wasn’t paying attention to this either. We don’t have a camera at “Golden” because different people visit, people from different departments. No one needs problems.

After questioning Oleksii Gnatiuk Polischuk checked information about him. It turned out that three years ago, in 2008, Oleksii Gnatiuk was registered in internal affairs as a person who illegally uses drugs. And two years ago, in 2009, Oleksii Gnatiuk was prosecuted for perjury according to Article 384 of Criminal Code of Ukraine.

Early in the morning on May, 7, officer Polischuk received results of fingerprint expertise, according to which Roman’s fingerprints, among others unidentified fingerprints, were found on the surface of the desk in the office. The handles of all the doors in the store and office didn’t have any fingerprints on them at all. It’s likely that the criminal wiped them with a soft cloth. During the second interview Roman gave an explanation about those fingerprints. He said he was in the store’s office only once – when he signed Igor Kozakov’s order of dismissal and sheet about receipt for his last salary. He touched the table then.

Two plastic bags, navy blue and a black one with golden BMW lettering on it, were found in a trash can on Park Alley.

On the base of this information investigator Polischuk brought charges against Roman Rudenko in committing a theft accompanied with unlawful breaking into a residence or any other premises or shelter (Part 3 of Article 185 of Criminal code of Ukraine). This crime shall be punishable by imprisonment for a term of three to six years.

Roman’s lawyer began preparation for trial, building the defense on the fact that the investigator didn’t conduct the investigation properly and conducted identification in violation of rules established by Criminal Procedural Code.

Exhibits:

1. Photo of Roman Rudenko from his personal record

2. Photo of back entrance door

3. Photo of electric guitar seized from Roman

4. Money seized from Roman

Date: 2015-04-20; view: 856