Lawyers Claim Key Evidence Was Falsified in Kazselezashchita Bribery Case

Defense attorneys for Karim Kokrekbayev, Adilet Akhataev, and Andrey Poplavsky argue that crucial evidence in the Kazselezashchita bribery case was falsified.

They claim that all searches conducted without a search warrant—including those in which cash, allegedly representing the bribe, was seized—were illegal. On these grounds, the defense demands that the evidence be deemed inadmissible.

Orda.kz reports on what is happening in the courtroom.

The lawyers have filed a motion to exclude the search order issued in Almaty in 2022, asserting they were not legally authorized.

As evidence, they presented handwriting analysis from forensic experts who concluded that the signatures on the search orders — supposedly signed by the head of the investigative task force, Baigarashev — were forged.

The signatures, experts determined, were made by someone else.

Further, the defense substantiated that Baigarashev was not even in Almaty at the time of the searches; he was in the Otegen Batyr village, located tens of kilometers away.

According to the expert findings, the handwritten text in both the search orders and the search protocols was written by the same individual.

The defense suggests this person was likely a member of the task force that searched the defendants’ homes and offices, as Baigarashev himself did not participate in these investigative actions.

We have presented evidence that the investigator’s signature on the search orders —conducted without a warrant — was falsified. Three forensic experts from different regions confirmed this in their reports. We requested that the court rule the search results inadmissible as evidence. The criminal case was opened on December 26, 2022, at 14:51 in Otegen Batyr village. Yet, just four minutes later, at 14:56, an order with the investigator’s alleged signature appeared in Almaty. The forgery is obvious. Experts also confirmed that the handwritten notes in these documents were made by someone other than the investigator, said one of Kokrekbayev’s defense lawyers.

In response, the prosecutor urged the court to disregard the handwriting experts’ conclusions and recognize the investigator’s orders as legitimate.

Judge Zhanuzakov deferred his decision until the investigator could be questioned. Baigarashev has been expected in court as a witness for several weeks now.

This is the second trial in the case following the overturning of Kokrekbayev’s initial acquittal.

The retrial, with a new jury, began in September last year. Judge Zhanuzakov, Chair of the Specialized Criminal Court of Almaty Region, oversees the proceedings.

From the outset, the defense has accused the judge of bias. At a recent hearing, Akhatayev’s lawyer filed a motion to remove him — the tenth such challenge.

Original Author: Aliya Askarova