DNA notifies CSM in Mazare’s release case


The National Anticorruption Directorate (DNA) has notified the Superior Magistracy Council’s (CSM) Judiciary Inspection about the case of Supreme Court judge Rodica Cosma who ordered, on April 9, the release from jail and investigation under judicial control of Radu Mazare, in the case in which the Constanta Mayor is accused of taking a bribe of EUR 175,000 from businessman Avraham Morgenstern in order to help him win the contract for the construction of social housing.
According to judicial sources quoted by Mediafax, the prosecutors pointed out in their notification that it was not normal for the High Court judge to wave aside the investigators’ evidence in Radu Mazare’s case and to consider them inconclusive because of the absence of a single piece of evidence. “It’s important to emphasize that the judge (…) did not explain why she waved aside the evidence invoked by the prosecutor and on which the preventive arrest proposal was based. The judge has claimed, she basically reproached the prosecutor that a certain piece of evidence is missing, and based on this she claimed in her motivation “there is no dialogue between defendant Mazare Radu and defendant Morgenstern Avraham that would show that the money was taken by defendant Mazare Radu from defendant Morgenstern Avraham,” the DNA points out in the note sent to the Judicial Inspection.
The anticorruption prosecutors show that it was not normal not to take into account all evidence gathered during the investigation on account of that piece of evidence missing: “This accredits the idea that every time a piece of evidence the judge “has in mind” is missing the preventive arrest measure cannot be justified, and when there is an obvious, direct or borderline obvious evidence there is the obligation of ordering the preventive measure. Nothing is more absurd.”
Mayor Radu Mazare and businessman Avraham Morgenstern were detained on April 8, after they were heard at the DNA. A day later they were released from the custody of Bucharest Police after the Supreme Court decided to investigate them under judicial control, without them being detained, and without being allowed to leave the country.

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