The Prosecutor General of Georgia, Irakli Shotadze, with an official letter was requested to take personal control of the case of the death of the initial owner of restaurant “Urmuli”, businessman Arsen Kutaladze and to conduct urgent investigative and procedural actions. The organization “Young Barristers” spreads the information about this.
According to “Young Barristers”, 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 9 th 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 the lawyer of Arsen Kutaladze’s family, Nika Sadradze, it is necessary for the Prosecutor General of Georgia, Mr. Irakli Shotadze, to be personally aware of the violations that are related to the businessman’s criminal case. Therefore the request for the Prosecutor General to take personal control over the case investigation will be the only and correct step to establish the truth. In the request it is mentioned that Vake-Saburtalo District Prosecutor’s Office and the relevant supervisor prosecutor must issue appropriate written instuctions to conduct all necessary and urgent investigative and procedural actions in the criminal case. Arsen Kutaladze’s wife, Marine Tsamalaidze should be recognized as a victim in the criminal case, so that she will also have full access to the criminal case materials. In addition, if it is needed or will be needed in the future, for the purpose of a complete, transparent and objective investigation, the criminal case should be assigned to another structural subdivision of the investigative body.
According to Nika Sadradze, the analysis of presented materials reveals that the case of Arsen Kutaladze’s incitement to suicide isn’t investigated and raises questions. Based on these grounds, the request – for the Prosecutor General to take personal control of the case
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, as well.
