Prosecutor Seeks Ten-Year Sentence for Former Astana Culture Head Over Fountain Embezzlement Case

The Astana Inter-District Criminal Court has begun hearings on a case involving alleged embezzlement during the construction of the Sun fountain on the Yesil River.

The prosecutor has requested a sentence for the two defendants: Bolat Mazhagulov, former head of the Astana Department of Culture, and Madi Kanapin, director of the construction company, Orda.kz reports.

The Sentence

The investigation into Mazhagulov began in September 2024. According to the Financial Monitoring Agency, over one billion tenge was allegedly embezzled during the fountain's construction in 2016.

Mazhagulov, who was in charge of the Department of Culture and responsible for constructing this facility then, was arrested on suspicion of wrongdoing. Kanapin, the businessman and director of the construction company responsible for the project, is currently under travel restrictions.

The lawyer for the defendant Mazhagulov, Balausa Berdimbetova, reviewed the results and methodology of the specialized commodity research conducted on the metal structure elements of the Sun fountain. The investigative bodies commissioned this research through the Alliance of Independent Forensic Examination.

Berdimbetova emphasized that, under Kazakhstan’s law on forensic expert activity, only licensed forensic examination bodies or individuals with the appropriate license are authorized to conduct such investigations.

She noted that the Alliance of Independent Forensic Examination does not hold the status of a licensed forensic body. The research could be considered valid, provided a properly licensed expert conducted it.

State prosecutor Azamat Toktarbay argued that the charges were justified. Kanapin’s diagnosis of epilepsy and the defendants’ young children were considered mitigating circumstances in the case.

I ask that Bolat Mazhagulov be found guilty of a criminal offense under Article 189, Part 4, Clause 2 of the Criminal Code of the Republic of Kazakhstan - embezzlement or misappropriation of entrusted property on an especially large scale. Sentence him to 10 years' imprisonment with a lifelong ban on holding positions in the civil service,  the prosecutor said.

He also requested that Kanapin be convicted under Article 28, Part 5 (complicity) and Article 189, Part 4, Clause 2 (theft) and sentenced to 7 years of restricted freedom, along with the same lifetime ban.

The prosecutor also sought the confiscation of both defendants’ apartments and vehicles.

Additionally, Toktarbay called for a private ruling against lawyer Balausa Berdimbetova, claiming she violated court decorum and disparaged Judge Asel Mukushova.

Defense Lawyers Challenge the Investigation

Before the court session, the lawyers presented motions pointing out the issues with the investigation.

The primary argument was that the evidence used to accuse the defendants, particularly the conclusions from the forensic examinations, was unreliable. They indicate that the metal quality from which the fountain structures were made did not correspond to that stated in the documents.

Berdimbetova argued that the investigation's findings were based on an analysis from the Alliance of Independent Forensic Expertise, which is not an official forensic body. She pointed out that one of the experts lacked the required license, casting doubt on the conclusions:

Experts used unreliable sources to determine the average market value of the outer and inner rings of a fountain made of grade 304 stainless steel. For their calculations, they used pricing data from KMI Company (now Kazakhstan Metal) and Kazmetservice. However, at the time of the study, Kazakhstan Metal had been officially recognized as a fraudulent participant in public procurement and was included in the register of violators by order of the Treasury Committee of the Ministry of Finance of the Republic of Kazakhstan. And, Kazmetservice was declared bankrupt by the decision of the SIEC of Almaty. As a result, the price information was sourced from companies that were either defunct due to bankruptcy or restricted in their operations due to improper performance of government contracts. Given these circumstances, the data used for price calculations cannot be considered a reliable basis,  the lawyer emphasized.

In another motion, Berdimbetova stated that the investigative bodies that drafted the indictment misled the court and the public.

Recordings

Another key issue in the case was the use of covert investigative actions, particularly a secretly recorded conversation between Kanapin and his brother, in which they allegedly discussed high-ranking officials involved in the Sun Fountain project.

The indictment claims that Mazhagulov's guilt is allegedly confirmed by the results of a covert recording between Kanapin, accused of complicity, and his brother. However, an examination of the case materials showed that the recording do not contain information about Mazhagulov's involvement. The recordings do not mention theft, collusion, or other actions that would indicate a crime on his part,the lawyer said. 

She also pointed out that the case does not contain an official order from the head of the investigative team to conduct covert investigative actions. Therefore, the defense requested that these materials be excluded from the case, calling them misleading and irrelevant.

The investigation is misleading the court and the participants in the process, creating the impression that the defendant's guilt was proven by the results of covert investigative actions. However, the study of the materials showed that they do not contain any circumstances, events, place, or time of the offense. The only mention is the phrase "Where is Mazhagulov," which has no evidentiary value,  added the lawyer.

The lawyer presented an expert opinion from Nuriya Tumanova, a linguist at Turan University, who analyzed the transcript of the conversation. Tumanova concluded that the only reference to Mazhagulov was a vague mention of his location, which lacked any substantial evidence of criminal behavior.

Judge Asel Mukushova added the expert's report to the case, along with documents confirming the unreliable practices of the companies that conducted the examination and provided the metal pricing data used by investigators.

The court will evaluate the defense's arguments in the deliberation room.

The Sun Fountain, meant to be a showpiece with a laser display, was installed in 2016 but functioned for only a few months before falling into disrepair. In 2024, Astana’s Akim, Zhenis Kasymbek, announced plans to dismantle the structure.

In January 2025, Mazhagulov claimed that media coverage spread false information and unfairly favored the prosecution.

Orda.kz will continue to monitor the сase.

Original Author: Anastasia Prilepskaya