05 May 2006, 10:44
The prosecutor's office of the capital of Kabardino-Balkaria continues to persecute district doctor
It became known to the correspondent of the "Caucasian Knot" that the prosecutor's office of the capital of Kabardino-Balkaria city of Nalchik lodged a cassation petition to the Supreme Court.
The state prosecutor, assistant of City Prosecutor, First Class Lawyer V. L. Beshtoev finds the ruling of the Nalchik City Court of 18.04.06 to return the criminal case in relation to district physician Dzamikhova, M. G., to additional investigation by another stuff of judges.
We remind you that the prosecutor's office of Nalchik initiated a criminal case against district therapist of Polyclinics No. 7 Dzamikhova Margarita on the fact of her signing a conclusion on fitness to be a driver of motor transport of certain Sokhrokov, A. V., who afterwards, when driving a fixed-route taxi ("marshrutka") committed an accident with heavy consequences (two casualties and 14 injured). Sokhrokov was convicted for breaching road traffic rules and died in prison. It became clear later that Sokhrokov suffered from a neuromuscular disease myasthenia and had no right to drive a car.
A criminal case against the doctor was initiated on the demand of one of the relatives of the deceased passengers.
It is for the second time that the Nalchik City Court returns the case to additional investigation, indicating to the prosecutor's office of the capital of Kabardino-Balkaria their severe violations of the Code of Criminal Procedure (CCP) when investigating the case. Thus, the court indicates, the prosecutor's conclusion lacks the essence of the accusation, place and time of committing the crime, its methods, motives, aims and consequences, as well as other circumstances relevant for the case, data about the defendant, character and value of the damage caused to him by the crime.
Without having eliminated the listed drawbacks, the prosecutor's office of Nalchik has sent the case again for consideration by the court.
According to advocate Z. Apazhev, the district physician could not detect, at her preliminary examination, such a complicated from the diagnostic viewpoint disease like myasthenia. There was no patients' medical card in the policlinics.
Ms. Dzamikhova M. was not an official person, she did not issue the medical certificate on the driver's fitness with a round seal of the polyclinic. Besides, no examination was held to establish the casual relation of the accident with the driver's illness.
On the fact of her criminal prosecution, doctor Margarita Dzamikhova has applied to human rights organization.
Author: Lyudmila Maratova, CK correspondent