Y. Sargsyan, defense attorney of a doctor accused of minor Lia Misakyan’s death left the courtroom without waiting for the court’s ruling on challenge of the judge12:22, September 7, 2017 | News, Own news | Right to Life | Lia Misakyan
On September 5, 2017 a next-in-turn court hearing was scheduled on the case of 2-year-and-3-month-old Lia Misakyan who died in ‘Arabkir’ Medical Center in January 2013, after the RA Cassation Court sent the case to re-examination.
Note that on December 22, 2015, Lilit Vardanyan and Zarine Ayvazyan, doctors at ‘Arabkir’ Medical Center, were sentenced to imprisonment for not fulfilling properly their professional duties, without any additional sanction. Based on the appeal of Lia Misakyan’s successor’s representatives A. Sakunts, Chairman of HCA Vanadzor, and T. Siradeghyan, lawyer at Yerevan Office of the Organization, on June 24, 2016, the RA Cassation Court sent the case for re-examination to the first instance court on the part of imposing additional sanction.
At the court hearing of September 5, 2017 another prosecutor was involved in the case; prosecution was also assigned to G. Aghajanyan, prosecutor at the Prosecutor’s Office of Arabkir and Kanaker-Zeytun administrative districts.
Z. Ayvazyan’s defense attorney Y. Sargsyan insisted on his opinion on the unconstitutionality of Article 419 of the RA Criminal Procedure Code and quite formal nature of the trial examination and filed a self-challenge motion to the judge.
Note that at the previous court hearing, the court rejected Y. Sargsyan’s motion to apply to the RA Constitutional Court.
The prosecutor and victim’s successor’s representative T. Siradeghyan objected to the motion. The latter saw in it a tendency to postpone the court hearings and noted that the self-challenge motion was groundless.
While the Court was ruling in the retiring room on rejecting the self-challenge motion, Y. Sargsyan left the courtroom, which the court considered disrespect.
The prosecutor left to the Court’s discretion the decision to impose a sanction on the defense attorney and aggrieved party’s representative T. Siradeghyan motioned to take measures against the defense attorney based on his frequent absence.
Presiding judge M. Melkonyan mentioned that the Court had already assessed the defense attorney’s behavior and would take measures if it repeats.
The court hearing was postponed till October 19, 2017, 4 pm.