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Friday, 25 July 2008
Advocates Claim Mistrial in Corruption Case Print E-mail
By B. Bulgamaa   
Wednesday, 29 November 2006
The Capital City Appeals Court upheld a previous court decision regarding the crime of bribery related to ten defendants with Kh. Baatar, the former chief of the General Customs Office, court officials said Wednesday.

“We are considering appealing against the judicial decision of the court today and want to take it to the Supreme Court,” advocates for Baatar said outside the courthouse.

G. Oyuntsetseg, an advocate for Baatar told MonInfo, “After receiving the probability about today’s decision from the Appeal’s Court, the next step is the Supreme Court.”

“Of course the advocates are not satisfied with the decision of the court and we appealed that the facts and evidence related to Baatar and others have not been enough for the punishment for them when it was decided by the courts the first time.”

The court appeal made one more decision that the Customs Office is entitled MNT 4.37 billion to be filed as a crime against the related defendants under the rule of civil plaintiffs.

E. Ganbat, Advocate of Batbulga said, “I think we will appeal to the Supreme Court in order to control the decision of the appeal court. There are no facts or evidence that Batbulga was guilty of exporting large amounts of scrap iron but the appeal court also decided that Batbulga was guilty.”

“I consider that there is no basis for these punishments on Batbulga who was accused of smuggling one tonne of scrap iron without taxes when there is no evidence.

A previous court decision found Baatar guilty of bribery and abuse of authority, and sentenced him to eight years of imprisonment and Davaajav was sentenced for seven years, Ovgonkhuu was sentenced for two years, O. Erdenebat was sentenced for 5.6 years and M. Naran was sentenced for 5.9 years in jail. B. Mandakhnar, Ch. Tsedevmaa, B. Battulga, and M. Ulziisaikhan were sentenced for 5.1 years of imprisonment each in jail for their misuse of authority. The court deducted three years from the sentence of three women, Naran, Mandakhnar and Ulziisaikhan, because of having an underage child, having three children and being pregnant, respectfully.

According to the decision of the first instance Baatar was found guilty on the grounds of misusing MNT 81 million in customs taxes, exporting large amounts of scrap iron illegally to China without customs charges together with B. Davaajav, accepting MNT 3.3 million in bribe from B. Ovgonkhuu, accepted US $4,000 from D. Batbold, a state customs inspector of Omnogobi aimag, in exchange for deputy director’s position at the provincial customs office, and accepted MNT 2 million from S. Banzragch, a customs inspector of GCO, for keeping his position.

Last Updated ( Thursday, 30 November 2006 )