Former Astana Culture Head Testifies in Billion-Tenge Fountain Fraud Case

The former head of Astana's Department of Culture, Bolat Mazhagulov, has presented his version of events in the inter-district criminal court, Orda reports.

The case concerns a controversial fountain long rusting in the Yesil River.

Mazhagulov faces charges of embezzling over a billion tenge allocated for constructing the "Sun" fountain.

A Mysterious Erich

At the start of the hearing, his lawyer (identified as B.B., as the court prohibited publishing defense attorneys' personal data) moved to include additional documentation in the case.

These documents showed that the fountain project's funding had received approval from multiple bodies: the budget commission (including the economy and finance departments), the public council, and the Astana maslikhat.

The lawyer argued that this contradicted the prosecution, suggesting it would have been impossible for Mazhagulov to single-handedly influence all these institutions to allocate 3.9 billion tenge for a project he allegedly planned to embezzle.

Prosecutor Azamat Toktarbay strongly objected: 

Firstly, Bolat Mazhagulov is not the only defendant in the courtroom. (The second defendant is engineer Madi Kanapin, - Ed.). Secondly, during the investigation there was also a third person who is accused of participating in a group of people together with Mazhagulov in the theft of budget funds, he stated.

The third person was identified as German citizen Ivan Viktorovich Erich.

The defense lawyer had personally traveled to Germany to speak with him and motioned to have Erich questioned.

According to all the materials of the case, Erich is the main one. And this is according to the investigation. The defense ensured Ivan Erich's appearance online, he is ready to testify at any stage. But the court refused to question him. I am again petitioning for Erich to be questioned as a witness, the lawyer argued.

Erich has also sent requests to participate.

According to lawyer B.B., Erich is on international wanted lists.

Several circumstances in the case have been singled out for separate proceedings. And in this case, Ivan Erich is a suspect. The state prosecutor persistently referred to this circumstance. 

Despite all the lawyers' arguments that Erich could shed light on the circumstances, the court once again declined to question the key defendant.

Thick Ice

During questioning, the examination of the fountain's construction came under scrutiny. 

Lawyer B.B. drew attention to the expert opinions specifying that the metal used in above-water and underwater structures didn't meet project specifications. 

Bolat Mazhagulov noted that he did not have a technical education (Bolat Mazhagulov told the court that he had a diploma as a concert performer).

Still, even he was surprised by the conclusions.

Firstly, the examination was carried out when there was ice on the river. They only examined 30% of the fountain that was above the water. And 70% of the structure was under water and under ice at the time of the examination. Here in court, the experts said that the ice in Astana reaches one and a half meters. How was the examination carried out if they physically could not get under the ice? All those types of metal that should have met the requirements, steel, stainless steel, they are all under water,defendant Mazhagulov explained.

He recalled that the initial examination of the structure on the river was carried out in 2020 at the request of the Zhastar Palace, to which the fountain was "attached," per the documents. 

At that time, a certified diver inspected the underwater part, and it turned out that the electrical cables connected to the installation had disappeared; they had been stolen. 

The examination also concluded the fountain was still operational despite two years without maintenance. 

The examination that the Zhastar Palace conducted also contained a conclusion that the fountain was fit for use. And this despite the fact that it had not been looked after for two years, he added.

The former culture head emphasized that his responsibilities focused on organizing the water, laser, and music shows rather than overseeing construction materials.

People in High Places

Earlier testimony from co-defendant Madi Kanapin revealed claimed pressure from investigators, who he said threatened his younger brother over discovered weapon cartridges. 

Kanapin said that under this pressure, investigative bodies recorded his telephone conversation with his brother. 

State prosecutor Azamat Toktarbay insistently asked that the conversation be read out in court.

The conversation, which Madi Kanapin believed no one but his brother could hear, was emotional, with obscene language.

They mainly discussed the hiring of builders, their salaries, how the younger brother was questioned, and what they were trying to find out. 

At one point, the brothers discussed the project was frantically pushed to fit the deadline to show it to the first President:

Madi: Do you remember, there was a lot of noise there, they were constantly scaring us with Nazarbayev.

Brother: I tell them there was always a fuss, I was always behind. 

Madi: They need three people...

Brother: They asked who was there from the Ministry of Culture (among the project's initiators). They named one, but I said that I didn't know him. I told them as it was that my brother had accepted the project, and who was standing next to him? I don't know; I can't even remember the last name.

Another exchange suggested high-level involvement:

Madi: I hid everything I have, all the evidence I have. If they take me away now, I'd rather go quietly.

Brother: Well, not with your diagnosis (doctors diagnosed Madi Kanapina with epilepsy; during one hearing, he had a seizure -Ed.).

Madi: I'll go to jail anyway. I wrote the report, my signatures are there....

Madi: Now the main thing is that I don't "sing," this man sits very high.

Brother: High-up?

Madi: Very high.

Mazhagulov's lawyers suggested the "highly placed" person might be Adilbek Dzhaksybekov (Astana's Akim from October 2014 to June 2016 during the fountain's construction, later presidential administration head).

They also named Imangali Tasmagambetov (another previous Astana Akim) and Sergei Khoroshun (current deputy head of presidential affairs, former first deputy Akim).

These are only the defense's assumptions, however.

The case began in September 2024 when the Financial Monitoring Agency's investigation revealed over a billion tenge stolen during the fountain's 2016 construction.

While Mazhagulov remains in custody, Kanapin is under travel restrictions.

The fountain, which operated briefly in 2016 before breaking down, has deteriorated in the river.

The current Astana Akim Zhenis Kasymbek has decided to have it dismantled.

The court has prohibited the publication of photos and videos of the trial, as well as the personal data of lawyers and specific participants.

Original Author: Anastasia Prilepskaya