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May 6, 2021
JUSTICE

Laura Codruta Kovesi signs dismissal of DNA prosecutors Doru Tulus and Mihaela Moraru Iorga

National Anticorruption Directorate (DNA) Chief Prosecutor Laura Codruta Kovesi has signed the dismissal of DNA prosecutors Doru Tulus and Mihaela Moraru Iorga, who were heard, on Tuesday, by the Supreme Magistracy Council’s (CSM) Section for Prosecutors.

The decision to dismiss them was signed on Wednesday, DNA representatives stated for News.ro.

CSM’s Section for Prosecutors approved, on Tuesday, the dismissal of DNA prosecutors Doru Tulus and Mihaela Moraru, in line with the request lodged by DNA Chief Prosecutor Laura Codruta Kovesi. The decision was taken after the two prosecutors were heard in a secret meeting that was also attended by Laura Codruta Koves and Prosecutor General Augustin Lazar.

DNA Chief Prosecutor Laura Codruta Kovesi claimed there is no conflict and no tension within the DNA, its activity proceeding normally. She added she will not tender “any resignation,” because she has no reason to do so.

When leaving the CSM, where she was heard by the Section for Prosecutors in the case concerning the dismissal request lodged against her by the DNA Chief Prosecutor, Prosecutor Mihaela Moraru stated that the tension between her and the DNA Chief Prosecutor appeared because of the fact she refused to comply with some requests. She gave as example a dossier in which Kovesi asked that Elena Udrea be detained but she ordered she be remanded on conditional bail instead. In his turn, prosecutor Doru Tulus said that Laura Kovesi never liked him, that “the purges within the DNA are carried out based on subjective criteria,” and that the National Anticorruption Directorate has ended up being “a caricature” in the past year.

The National Anticorruption Directorate pointed out, in an answer provided at News.ro’s request, that prosecutors Doru Tulus and Mihaela Moraru Iorga, whose dismissal was requested by the head of the DNA on June 29th, no longer meet the condition of good reputation required to be DNA prosecutors, as stipulated by the Deontological Code of Judges and Prosecutors. Moraru Iorga is reproached with failing to register a denunciation in line with legal procedures, while Tulus is reproached with solving dossiers involving a person with whom he had “civil rapports,” which allegedly affected his impartiality. Likewise, the Prosecutor General’s Office decided, last Thursday, to cancel the delegation of the two prosecutors as heads of service within the DNA.

Subsequently, DNA prosecutors Mihaela Iorga, Doru Tulus and Marin Nicolae notified the Judicial Inspection, complaining that the DNA Chief Prosecutor is getting involved in the investigation into the leaking of an audio recording of a DNA meeting, by pressuring prosecutors and demanding lie detector tests.

Likewise, the three prosecutors sent a memo to the CSM, pointing out that subjecting a magistrate to a lie detector test may open the way to making prosecutors vulnerable. “Considering the Supreme Magistracy Council’s capacity as guarantor of the independence and impartiality of magistrates, we turn to you in a legitimate overture to defend the status of the magistrate, since subjecting a magistrate to a lie detector test may become a practice liable to cause grave harm to the independence of the magistrate, whether prosecutor or judge. We warn that this precedent will open the way to making magistrates vulnerable. (…) What seems to be the overture of three prosecutors today can transform tomorrow, once the precedent is set, into a general practice. We are legitimately asking ourselves what would be the objective motivation for rejecting any good- or ill-faith denouncer’s request to administer the evidence consisting of subjecting the magistrate to a lie detector test. The magistrate’s mere refusal to prove his/her innocence will be liable to affect his/her honour and professional probity by instituting a presumption of guilt,” the DNA prosecutors point out in the memo they lodged with the CSM.

The scandal within the DNA erupted after an audio recording, featuring Laura Codruta Kovesi in a meeting with DNA prosecutors, was leaked to the press.

 

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