With assistance of the LAS Poti Bureau lawyer Davit Gagua, criminal prosecution against the accused Mogeli K. was stopped.
Mogeli K. was accused of committing the crime envisaged by paragraph “a” of the third part of the article 265 of the Criminal Code of Georgia (Illicit Sowing, Growing or Cultivating of Plant Containing Narcotics, in especially large quantities) and faced from 6 to 12 years of restriction of liberty.
Poti City Court sentenced him to imprisonment as a preventive measure. The lawyer Davit Gogua appealed this decision and demanded a 3000 lari bail for him. He grounded this by the facts that the accused collaborated with the police, confessed and regretted his behavior, besides he had no previous conviction. Moreover, the accused was socially vulnerable and he was bringing up his minor child. The prosecution party could not present specific facts and circumstances showing that the accused was not going to escape. As a result, Kutaisi Appellate Court partially satisfied the demand of the lawyer, cancelled the decision of imprisonment, sentenced Mogeli K. to bail in the amount of 5000 GEL and released him from the court room.
Several days after, employees of Poti Civil Unit of the MIA, took Mogeli K. to one of the centers of mental healthcare. After this, Legal Aid Service ensured to conduct forensic expertise for the accused as a result of which it was established that Mogeli K. had mental disease and in the moment of committing crime he was in an insane condition. Considering this, the lawyer Davit Gogua addressed Poti City Court with a motion demanding to stop the criminal prosecution against Mogeli K. and place him at the mental healthcare center for compulsory mental treatment. The court shared the position of the lawyer and fully satisfied his demand.