Sherzat Polat: Court Begins Questioning Defendants

The Taldykorgan court, where the high-profile case of Sherzat Polat’s killing is being heard, has entered the stage of questioning the defendants. The accused claim they are under pressure. Orda.kz reports from the courtroom.

Witness Testimony

Before the defendants were questioned, police detective Medet Adylzhanov testified as a witness. 

He recounted that on the night of the homicide, he arrived at the scene immediately after the call came into the 102 control center.

After Nurganat Gaipbayev (Sherzat's uncle – Ed.) was admitted to the hospital with an injury, we went there. There we showed him photographs of the detainees. Gaipbayev indicated that Sherzat was stabbed by Shynasyl Abzal, and he himself suffered at the hands of Toktaubayev Nurbol. Regarding the firearm, he said that Sherzat brought it. At that time, Gaipbayev was lying in the ward, and when we asked if he could speak, he replied that he was able to speak.

When one of the defense lawyers asked who specifically carried out the arrests — the Arlan special forces or the police — the witness said he was uninvolved and could not comment.

When the prosecutor asked whether the official interview with Nurganat had been video-recorded under court order, Adylzhanov answered no. 

Although video was taken, no official order was issued for it, which, as prosecutor Dana Sarsenbay pointed out, is considered a violation. The witness explained that the video was recorded "to solve the crime," but could not clarify under what law.

Brass Knuckles

After the witness testimony, the defendants began giving statements. The first was Darkhan Askentay, accused under Article 293, Part 3 of Kazakhstan’s Criminal Code — "Hooliganism." His lawyer, Maulen Yerzhanov, asked if he agreed with the pre-trial testimony.

Askentay said he "completely disagreed."

He claimed that pressure was put on him and the other defendants during detention:

They took us from office to office all day, shouted at us, insulted us, and I signed the protocol only before the meeting with a lawyer, without really knowing what exactly I had signed. 

Askentay said that on the night of the incident, he went to the Kamazhay store to buy beer and cigarettes.

Because his phone battery had died, he said he asked Karzhaubay Nurymov, Sherzat's father, for a charger.

While I was waiting at the store, Sherzat came up to me and hit me in the eye with a brass knuckles, saying, ‘Did you say something to my father?’

He added that Karzhaubay washed his eye with cold water and later called Nurbol Toktaubayev to pick him up.

As the conflict escalated, according to the defendant, Karzhaubay twice emerged with a knife, and Nurganat pulled out a gun, first firing into the air and then threatening the crowd.

Several of Sherzat's friends came. I told Karzhaubay: 'It's not about the money, it's about your son hitting me for no reason.' I didn't call anyone, the guys came to the store themselves. Sherzat hit one of them, a fight started, shots were heard and the words 'I'll shoot, I'll shoot.' Nurganat had a gun in his hands. First, he fired a shot into the air. Then he pointed the gun at the guys and threatened to shoot them.

Askentay said that during the fight, he received such a severe blow to the face that he needed surgery, and his fractured cheekbone was only diagnosed 27 days later.

Accusations Against The Prosecutor

Defense lawyers called for prosecutor Dana Sarsenbay's recusal, accusing her of bias, distorting questions, and applying emotional pressure. They also reminded the court that at a previous hearing, Sarsenbay had said: "We are one with the injured party," which the defense claims violates objectivity.

Prosecutor Sarsenbay responded that the accusations were baseless and clarified:

She requested the court to deny the motion for her recusal, which the court did.

The defendants' lawyer later explained the decision:

Today I filed a motion against the prosecutor. My colleagues supported me. The fact is that she behaves too emotionally — she asks leading questions and applies pressure. The lawyers gave several reasons, so we asked for her to be replaced,said Maulen Yerzhanov. 

He argued that his client should be considered an affected party:

The fight did not start because of Askentay. He didn’t even participate in it, didn’t hit anyone, and didn’t harm anyone — neither Nurganat, nor Sherzat, nor anyone else. I don’t understand why he’s a defendant. Moreover, you saw how Darkhan Askentay testified in court. There is no criminal offense here. That’s why we do not agree with the charge under Article 293 of the Criminal Code of Kazakhstan. 

Footage Shown

Prosecutor Yerzhan Kurakbayev requested the court to show video footage recorded by a camera outside the Kamazhay store on the night of October 5, 2024.

The footage shows Sherzat striking defendant Askentay in the face, drawing blood. While Askentay is on the phone, Sherzat's father helps him treat the wound. About 15 minutes later, two other defendants — Duman Isqaq and Nurbol Toktaubayev — arrive at the store.

Shortly after, the three defendants leave in a car but soon return.

As Sherzat's uncle speaks with Askentay, Karzhaubay runs out of the store with a knife, and Sherzat tries to stop him. Then, Sherzat’s friends approach the store, and a car with the other defendants and witnesses pulls up.

When the fight breaks out, defendant Belgazhayev pulls a pocketknife from his bag. The scuffle lasts less than ten minutes — at 1:07 a.m., Karzhaubay takes Sherzat to the hospital.

Orda.kz will continue to follow the trial.

Original Author: Perizat Zharylqasyn

This article has been update as of 18:21 06/05/25