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Oikeudenkäyntejä


28.6.2014 kello 15:24 - Kari Uoti


 


Viimeinen työviikko ennen lomaa oli tulospainotteinen, erilaisista hoitamistani oikeudenkäynneistä tuli tuloksia eli tuomioita. Tämäkin viikko oli tuloksellinen, voi olla tyytyväinen työhönsä, vaikka satanolla kaikkea ei voitettu. Kun asiakas on tyytyväinen, työ on tehty hyvin.

 

Kiljavan opisto koskeva rikosjuttu päättyi Hyvinkään käräjäoikeudessa tuomioon, jolla kaikki vastaajat vapautettiin varsin yksiselitteisellä ja vastaansanomattomalla argumentoinnilla. Merkittävää jutussa muun ohessa oli se, että valtio velvoitettiin korvaamaan minun laskuni päämiehelleni sentilleen, kanssavastaajia avustanut ei saanut ihan kaikkea, mutta pyysikin aika paljon.

 

Jutussa oli kyse osin jo yli 10 vuoden takaisista tapahtumista. Oliko valtionosuuksia haettu väärillä tiedoilla vai ei. Kaikki alkoi erään työntekijän tekemästä ilmiannosta, joka on lamauttanut koko laitoksen toiminnan tai ainakin laittanut opiston vetäjille aika raskaan lisärepun. 

 

KHO katsoi, että väärin perustein oli jotakin haettu. Hyvinkään käräjäoikeus teki rohkeasti ja totesi, että ei asia olekaan ihan niin kuin KHO:ssa pähkäiltiin, väärää tietoa ei ole annettu saati että kyse olisi sellaisesta tahallisuudesta, jota tuomitseminen edellyttää.

 

Päämieheni kanssa istuimme heti pääkäsittelyn jälkeen alas. Sain lämpimän kiitoksen asian hoidosta. Kun tuomio tuli ja oli vapauttava, kesä oli pelastettu. Tuntui hyvältä.

 

Toisessa rikosjutussa, jossa kyse oli kuittikaupasta, saimme käräjäoikeudessa ehdottomaan vankeuteen tuomitun päämiehemme vapaaksi. Häntä avusti käräjäoikeudessa eräs toinen asiamies. Samalla hänen niskastaan tippui miljoona murhetta korvausten muodossa, tässäkin tapauksessa valtio laitettiin maksamaan kulut, nyt ei pennilleen. Muut vastaajat tuomittiin suurin piirtein käräjäoikeuden mitalla.

 

Viimeinen ja periaatteellisin juttu, josta ratkaisu annettiin, koski erään oikeusneuvoksen esteellisyyttä välimiehenä, tässä asiassa tuli turpaan, ei ollut esteellinen, vaikka pelasi vuosikausia tennistä samassa herraklubissa vastaajan asiamiehen kanssa. Herroilla oli vielä vierekkäiset penkit pukuhuoneessa. Käräjäoikeuden mielestä kyse oli vain tenniksestä.

 

Niinpä. Jos tuomari ja toinen avustaja ovat tenniskavereita, jotka vuosikausia pelaavat samassa porukassa, joka viikko istuvat vierekkäin sekä ennen että jälkeen tenniksen ja tenniksen pelaaminen jatkuu myös oikeudenkäynnin aikana, niin kyllä tällöin voi ulkopuoliselle tulla sellainen olo, että mahtaako tuo tuomari pystyä olemaan ihan objektiivinen tuomiota tehdessään. Tästähän tässä on kyse. Kyse on hyvin periaatteellisesta asiasta, jonka ratkaisu on syytä saada korkeammalta, missä näitä ymmärretään vähän paremmin. Ehkä tällä päästään korkeimpaan asti,

 

Muuten hyvää kesää

 

 

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 2.7.2014 - 18:25:12

http://suomenkuvalehti.fi/jutut/kotimaa/oikeuskansleri-jaakko-jonkan-menneisyys-poliisiin-kasiksi-ei-sakkoja/

 4.7.2014 - 12:44:38

Jonkan tapauksessa tulee lähinnä mieleen se, että poliisi kunnioitti Jonkkaa hyvänä painijana. Siksi ei sakkoja tullut.

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