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February 1, 2023
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Ploiesti Court of Appeal has decided in the Kovesi-Antena 3 case: The TV channel and its journalists must pay moral damages in amount of RON 300,000

The Antena 3 TV channel, Mihai Gadea and the other journalists involved in the case opened by Laura Codruta Kovesi must pay moral damages to her in amount of RON 300,000 for “violating the rights to honor, dignity, reputation, image and private life” the magistrates of the Ploiesti Court of Appeal decided on Tuesday. The decision is not final and can be appealed.

“It rejects the requests to resume the case submitted by the appellant defendant-plaintiff Savaliuc Razvan-Ovidiu, by the appellant-defendants Antena 3 SA, Radu Tudor, Gadea Emanuel-Mihai, Bianca Grigore and Ciuvica Mugur-Cristian, as well as by the persons who filed an accessory intervention request, namely Bogdan Dumitru and Stan Ioana-Sultana, as ungrounded. It rejects the request to postpone the pronunciation made by the appellant-defendants Antena 3 SA, Radu Tudor, Gadea Emanuel-Mihai, Bianca Grigore and Ciuvica Mugur-Cristian as ungrounded. It rejects the appeal submitted by defendants Gadea Mihai-Emanuel, Grigore Bianca, Ciuvica Mugur-Cristian and SC Antena 3 SA as unfounded” reads the decision issued on Tuesday by the magistrates of the Ploiesti Court of Appeal in the trial opened by the DNA Chief-Prosecutor Laura Codruta Kovesi against the TV channel Antena 3 and several of its employees and collaborators.

The magistrates decided that Gadea Mihai-Emanuel, Grigore Bianca, Ciuvica Mugur-Cristian and SC Antena 3 SA must pay jointly and severally moral damages in amount of RON 300,000 (three hundred thousands) “for the prejudice caused by violating the rights to honor, dignity, reputation, image and private life”.

“It obliges the defendants SC Antena 3 SA and Gadea Mihai-Emanuel to publicly apologize to the plaintiff-defendant, and to publicly and fully present the operative part of the decision no later than within five days since it becomes final” the decision also reads.

The magistrates also rejected the request to fine the DNA Chief-Prosecutor with RON 1,000 “for exercising the right to appeal in bad faith”.

Gadea Mihai-Emanuel, Grigore Bianca, Ciuvica Mugur-Cristian and SC Antena 3 SA also must pay to Kovesi, jointly and severally trial expenses in amount of RON 3,650, representing judicial stamp duty and the fee of the defender chosen in the appeal.

“It obliges the appellant plaintiff-defendant to pay trial expenses in amount of RON 50 (judicial stamp duty) to the appellant defendant-plaintiff Savaliuc Razvan-Ovidiu. It takes note that the appellant-plaintiff Radu Tudor will separately request trial expenses” reads the decision.

The decision is not final and can be subject of appeal within 30 days since the communication, also at the Ploiesti Court of Appeal.

The first court, namely the Bucharest Court, decided in 2015 that the DNA chief must receive moral damages in amount of RON 250,000 in the case in which she asked to receive RON 1 million for the accusations of covering up the investigation in Mircea Basescu’s case, brought at the TV channel.

This January, Laura Codruta Kovesi filed a complaint to the High Court of Cassation and Justice related to the delay in solving the case, which was admitted. The DNA chief asked     ICCJ to order the continuation of the trial after it was suspended in last December by the decision of the judges from the Ploiesti Court of Appeal.

Laura Codruta Kovesi attended several court hearings at the Ploiesti Court of Appeal, the DNA head being assisted by the lawyer each time. She never talked to the court panel and refused to make any statement to the press related to this case.

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