Two appeals to overturn the trial court verdict were filed at the deadline, one by OAO ” Arna” and the second by the Almaty Prosecutor’s Office. The appeals request a new trial in the same Almalinsky court, but before a different judge. The appeal panel will be comprised of three judges. The date for the hearing by a Kazakh appeals court of the appeal by OAO “Arna” and the Almaty Prosecutor’s Office against Mark’s acquittal is August 20.
The Arna appeal renews an earlier set of allegations that were set out in the original arrest warrant and request for Mark’s extradition from Russia to Kazakhstan. These accusations were dropped by the Prosecutor and Financial Police once Mark Seidenfeld was extradited to Kazakhstan because these allegations could be disproven. (These allegations were the subject of an earlier report to the Board of Directors of OAO “Arna” by a major international accounting firm which showed that no equipment was missing, and no funds were missing, as a result of any actions by Mark Seidenfeld.) The Arna appeal is accordingly raising additional issues which were not included in the formal complaint on which Mark was tried.
The management of OAO “Arna” is desperately angry and has published the following press release: http://www.nomad.su/?a=13-200707310204. This press release shows the intensity of their anger at OAO “Arna” at the public humiliation that they brought upon themselves by their long campaign against Mark Seidenfeld that has resulted in a failure since Mark Seidenfeld has been acquitted of all charges.
OAO “Arna” is now arguing in its press release that Mark Seidenfeld should be convicted in order to save Kazakhstan embarrassment.
OAO “Arna” argues that the Kazakhstan Financial Police and Prosecutor’s Office long ago determined Mark Seidenfeld was guilty and the Almalinsky trial court committed a legal error in failing to agree with the Kazakhstan Financial Police and Prosecutor’s Office.
OAO “Arna” argues that Russia’s agreement to extradite Mark Seidenfeld to Kazakhstan means that Russia agreed and determined that Mark Seidenfeld was guilty. That is not at all the case. Russia was obligated to deliver Mark Seidenfeld under its treaty obligations to Kazakhstan to extradite accused persons. Russia’s attitude all along was that the merits of the accusations against Mark Seidenfeld that had been brought in Kazakhstan could not be adjudicated in Russia. Russia’s extradition of Mark Seidenfeld to Kazakhstan did not mean that Russia had decided Mark Seidenfeld was guilty of anything at all.
It would not be just for a Kazakhstan appeals court to order a new trial in the same Almalinsky court, but before a new judge, as OAO “Arna” is requesting. It is clear though why OAO “Arna” wants a new trial in order to cover up its embarrassment since its accusations against Mark Seidenfeld have been adjudicated to have been false. Mark Seidenfeld has been tried and fairly acquitted. A retrial before a new judge would only bring about continued critical attention to the abuses of the Kazakh and Russian legal systems that have been committed to date by OAO “Arna”.
The Judge in the Almalinsky Regional Court was strong enough, and just enough, to enumerate in her written opinion numerous violations of law in proceedings against Mark. She rejected the false accusations after hearing the evidence against Mark Seidenfeld presented at his trial in an Almaty courtroom. Her decision creates confidence in the rule of law in Kazakhstan and the ability to obtain a fair trial and justice in a Kazakh courtroom.
OAO “Arna” is arguing in its press release that Kazakhstan’s reputation has been damaged by Mark Seidenfeld’s acquittal. It is OAO “Arna’s” reputation alone that has been brought into question. Murat Zhunussov and OAO “Arna” created this situation. The way forward is for the Kazakh appeals court to reject OAO “Arna’s” appeal and to make clear that the Kazakh legal system is not subject to any further manipulation by OAO “Arna”.
