The organization “Young Barristers”, together with Georgian and foreign specialists, is starting to study the case of businessman Arsen Kutaladze’s incitement to suicide, which will address the analysis of the investigative process results and the evaluation of the Common Courts’ decisions.
According to Archil Kaikatsishvili, the head of “Young Barristers”, representative of businessman Arsen Kutaladze’s family, the case concerns the death of Arsen Kutaladze, a famous businessman in the field of restaurant, mobile equipment and distribution, and the study of facts, which are important to determine the truth. On January 9, 2019, a criminal case investigation (under Article 115 of Criminal Code, which implies incitement to suicide) was started by Tbilisi Police Department Vake-Saburtalo Division 4th Subdivision, on the fact of Arsen Kutaladze’s death in the territory of “Rompetrol” gas station, located on Davit Aghmashenebeli alley 9th km, Tbilisi. The businessman was found dead as a result of consuming narcotic substances, but family and case specialists exclude the credibility of the mentioned initial version. Arsen Kutaladze leaves home in the morning, goes to a meeting, it is impossible to contact him during the day, he doesn’t answer incoming calls, and in the evening he is found dead in the workplace. Based on the case materials, it is established, that Arsen Kutaladze was willing to leave the registered and unregistered shares of the business and continue his activities in the construction field. Therefore, the partners faced the issue of share compensation payment, which exceeds one million. Accordingly, it can’t be ruled out that the businessman’s death was caused by other factors which aren’t ruled out by the investigation either, relevant questions are being asked to study the relationship between the partners and investigative actions are ongoing.
According to Archil Kaikatsishvili, the proceedings are ongoing in the Common Courts, which relate to the ownership of registered and unregistered shares in Arsen Kutaladze’s various companies. After the death of businessman and after getting acquainted with the inheritance certificate, Arsen Kutaladze’s wife and three minors found out that the restaurant “Urmuli”, which was owned by the family, was registered (free of charge) in the name of the current owner – Merab Kutaladze, who is brother of the deceased person. Also, after the death of businessman and after getting acquainted with the inheritance certificate, it was found out that Arsen Kutaladze’s real estate, which had been temporarily used by Merab Kutaladze’s family, based on the gift agreement was registered in the name of the minor nephew, Merab Kutaladze’s son. According to the Tbilisi City Court’s decision, it was determined that the real estate registration fact became known to the family after the death of Arsen Kutaladze, but the alienation of the restaurant and the residential house wasn’t considered as sham and fraudulent transactions, which based on the case materials, is a completely unexpected and biased result. Therefore, the first instance court’s decision is appealed, and the case materials establishes that Merab Kutaladze is Arsen Kutaladze’s partner and co-owner of shares not only in the restaurant business, but also in the field of mobile equipment and distribution.
According to Nika Sadradze, the organization’s invited lawyer, a criminal law specialist, the analysis of presented materials reveals that the case of Arsen Kutaladze’s incitement to suicide isn’t investigated and raises questions. According to him, although the investigation is based on the version of suicide or a fatal result caused by drug overdose, but it isn’t established whether a detailed examination of the scene was carried out by expert criminologists and why the important evidences weren’t seen or obtained, on which appropriate expertise would be assigned later. In particular, the needle is mentioned in the witnesses’ testimony, with which Arsen Kutaladze’s body was allegedly injected, but the needle isn’t found and attached to the case as evidence. This is one of the main circumstances, since by appointing a biological expertise on the mentioned item, it would be possible to determine who had contact with it. It would be important to determine the capacity of the so-called “syringe” and the fact whether it would be possible to place the amount of narcotics in it, as described in the medical examination report. Arsen Kutaladze’s clothes at the scene of the accident or other items in the workspace aren’t obtained and attached to the case. We should also consider that Arsen Kutaladze’s body had puncture wounds in the shoulder and chest area. It is unclear why this circumstance remained unnoticed and why the medical expert wasn’t questioned about that. These facts raise the doubt that from the moment the investigation began it was decided that the businessman committed suicide or caused a fatal result by drug overdose.
According to Nika Sadradze, it is important for the investigation to be conducted objectively, all the case witnesses should be re-interviewed in order to determine what their movement and action plan was during the day of the incident. Also, contacts, by referring to the relevant masts, and an incoming/outgoing call list should be obtained and questions should be asked regarding the loss or destruction of evidence at the scene. All the relevant investigative experiment should be conducted regarding the reliability of the statements obtained by the witnesses.
According to Arsen Kutaladze’s wife, Marine Tsamalaidze, the family has been waiting for a lawful decision and legal responsibility for 5 years, which can’t be implemented in the absence of the proper will of the investigative agency and the courts.
According to her, the presentation of her husband as a drug addict, with unsubstantiated, unproven instructions, in general, serves the purpose of creating negative opinion about Arsen Kutaladze’s personality, in order to set the court or investigative bodies antagonistically towards establishing the truth and publicly show that Arsen Kutaladze was a drug addict, committed a morally reprehensible act, had no business reputation and apparently couldn’t be trusted and couldn’t be used to set an example of decency.
Unfortunately, the existing views of Arsen Kutaladze’s personality, constantly and continuously, is unsubstantiated in the testimonies of former partners and their family members only, and they don’t have any evidence to prove these accusations. The circle of people, who discuss the above are related people with common interests and they rely on each other’s opinions.
The “Young Barristers” will continue to advocate in the case of Arsen Kutaladze’s incitement to suicide and hopes that the investigation of businessman’s death will be a priority in the country, in general, in terms of strengthening the rule of law and business protection.
