Russian oil tycoon gives bombastic appeal in court
MOSCOW, Russia
The theatrical arguments were the most expansive he has been
allowed to make since the legal assault on him began in 2003, and
it included props like a laser pointer and a gallon of waste liquid
from an oil well, which he encouraged prosecutors to smell.
Once Russia's richest man, Khodorkovsky is accused of embezzling
more than $25 billion worth of oil and laundering most of the
proceeds, charges his lawyers say are ridiculous.
His legal troubles have been widely seen as punishment for
challenging Vladimir Putin, the former Russian president who
remains as powerful as ever in his current role as prime minister.
Putin's successor, President Dmitry Medvedev, has pledged to
tackle corruption in the judicial system, and last year he urged
Russian businessmen not to pay bribes to the courts in a rare
acknowledgment of the scale of the problem.
The judiciary also faced a crisis in 2008 when a senior judge
revealed how the Kremlin exerts political pressure on legal
rulings. But the anti-corruption drive championed by Medvedev,
himself a former lawyer, has yielded few concrete results, and he
has disappointed some rights activists by not reversing Putin's
tough stance on the Khodorkovsky case.
Khodorkovsky has already served six years of an eight-year
sentence handed down in 2005 for tax evasion, most of that in a
labor camp in the barren region of Chita, thousands of miles
(kilometers) from his family, lawyers and the mainstream media in
Moscow.
In February 2009, Khodorkovsky was transferred back to the
capital to face new embezzlement charges, which could keep him
behind bars for 22 more years if he is again convicted. The end of
his isolation in the labor camp was followed by a flurry of
interviews, but Tuesday's hearing was his first chance to vent
before the court.
"This trial is political and corruptly motivated. It is driven
by a desire to keep me from going free," he told a courtroom
crammed with supporters and journalists. "It has also been
motivated by a desire to appropriate the assets of the largest and
most successful Russian oil company, Yukos."
The charges in the case rest on allegations that Khodorkovsky
and his partner Platon Lebedev embezzled all of the crude produced
by their Yukos oil company from 1998 to 2003, amounting to some 350
million tons.
Khodorkovsky argued that this would have been physically
impossible, especially considering that the company continued to
earn profits and pay dividends, and he entered a motion demanding
that the prosecution demonstrate exactly how this could have
happened.
"To give you a crude analogy, your honor, the smoking gun in
this case would have been incapable of firing," he told the
presiding judge, Viktor Danilkin, who brushed off several efforts
by the prosecution to interrupt Khodorkovsky.
But Danilkin did not take kindly to the stunt with the jars of
oil, and ordered bailiffs to remove them, rousing jeers and
laughter from the gallery. "Is there gasoline in those jars?"
Danilkin asked as he shouted for order. "I don't see anything
funny about flammable liquids in a packed courtroom."
Prosecutor Valery Lakhtin responded to the motion for clarity by
rattling off the detailed list of charges against Khodorkovsky.
The judge rebuked him for failing to address the point of the
motion, but then dismissed it anyway, saying clarification of the
charges is not appropriate to the advanced phase of the
proceedings.
Outside the courthouse, one of the lawyers for the defense,
Vladimir Krasnov, said the day's theatrics were intended in part to
reveal "the utter absurdity of this trial."
Lakhtin, the prosecutor, declined to comment on the proceedings.
Other lawyers for the defense said Khodorkovsky has prepared
some 200 pages of testimony, which he will be reading out in the
coming days until he finishes or is cut off by the court.