Amaglobeli’s lawyer: Judge could have imposed fine or probation, but only saved herself

“The judge could have imposed a fine and released Mzia Amaglobeli from the courtroom, or set probation, but she didn’t do that and only saved herself,” declared Maia Mtsiariashvili, lawyer of the founder of Batumelebi and Netgazeti media outlets Mzia Amaglobeli, who was sentenced to two years in prison.

According to the lawyer, by reclassifying the charges, the system worked to save itself.

“Legally, two years of imprisonment would be equally unjust and unlawful as four years. At this moment, the system worked to save itself. By reclassifying the charges, I believe, they saved themselves from such massive public pressure. Everyone in this country who knows the law or understands something realised that what Mzia was charged with was not an assault on a police officer. Therefore, naturally, they had to acknowledge this.

However, Article 353 is a legal absurdity. In any case, this is not a verdict; this is an act of punishment. A statement that this person is being punished for political, value-based incompatibility. Precisely because she didn’t play by their rules.

I would like to draw attention to a particular case that I referenced in the previous hearing. During the incident, one of the accused individuals kicked a police officer in the backside. Notably, the victim was a rank-and-file patrol inspector, not the police chief. In that case, the court said, without any pressure or mobilisation, that this was not an assault on a police officer and imposed a suspended sentence. In our case, however, imprisonment was applied.

Under the conditions outlined in this article, which is equally unlawful as Article 353 prima, the judge could have imposed a fine that would have been converted into the period of imprisonment Mzia served, resulting in her release. Isn’t seven months of imprisonment for a slap, which has nothing to do with crime, enough? Firstly, she [the judge] could have imposed a fine and ordered Mzia’s release from the courtroom. Secondly, she had the option to set probation, which she chose not to do and only saved herself. The appellate court lies ahead, and not only that,” Mtsiariashvili stated.

For reference, Batumi City Court sentenced Mzia Amaglobeli to two years in prison. The judge reclassified the charge that had been presented to Amaghlobeli under Article 353 prima, which implied assault on a police officer, and found her guilty under Article 353, Part 1. This article covers resistance, threats, or violence against public order defenders or other government representatives.