New perspectives in the legal dispute between Viorel Morari and Alexandr Stoianoglo

Viorica Mija
Colaj CIJM

After three years of trying to prove that the actions taken by Alexandr Stoianoglo to delegate him to another position and establish control at the Anticorruption Prosecutor's Office were illegal, the former head of the Anticorruption Prosecutor's Office, Viorel Morari, has achieved a small victory. The Supreme Court of Justice has accepted his appeal and overturned the decision of the first instance and the Court of Appeal, which had rejected his requests to be summoned to court against the General Prosecutor's Office.

The decision was pronounced by the president of the session, Judge Tamara Chișca-Doneva, and judges Ala Cobăneanu, Nicolae Craiu, Aliona Miron, and Iurie Bejenaru.

"Verifying the legality of the contested decision in relation to the provisions applicable to the case, the specialized panel for the examination of actions in administrative litigation of the Civil, Commercial and Extended Administrative Litigation College of the Supreme Court of Justice finds that the conclusions of the hierarchically lower courts and the solution given in the sense of rejecting the action in the administrative litigation filed by Viorel Morari are unfounded, a fact that results from the arbitrary assessment of the evidence administered in the case materials and the erroneous interpretation of the legal provisions applicable to the litigious legal relationship," the decision states.

Viorel Morari filed an appeal to the Court of Appeal after the Chisinau Court rejected his request regarding the suspension of administrative acts on December 10, 2019, citing that the court of first instance misinterpreted the law. However, the Court of Appeal rejected Morari's appeal against the decision of the Chisinau Court, which declared inadmissible his request to cancel the order by which the general prosecutor, who was suspended at the time, Alexandr Stoianoglo, ordered the control of the activity of the Anticorruption Prosecutor's Office (PA) for the period 2016 – 2019.

On December 26, 2022, almost three years after he initiated the legal proceedings  the examination of the file accusing former head of the Anticorruption Prosecutor's Office, Viorel Morari, of abuse of office and interference in the administration of justice was restarted from scratch. The request came from prosecutor Vladislav Căruceru, after the court rejected his request to abstain and forced him to represent the state prosecution. Viorel Morari and his lawyer supported the request of the accuser to resume the judicial investigation. The lawyers of the injured party also agreed. This involves re-hearing the witnesses, as well as the injured party, the controversial businessman Veaceslav Platon, who is hiding from the Moldovan justice system in London.

Viorica Mija

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